Why Commercial Cases Are Different

Commercial and high-value cases are not just “normal” condemnation cases. They have unique considerations and issues that require an experienced approach to maximize the recovery of just compensation for property owners. 

Henson Fuerst’s land condemnation division is a niche section of the firm that concentrates on handling high-value commercial property eminent domain cases. We firmly believe that law firms cannot simultaneously manage hundreds of residential cases while balancing the specialized needs of commercial matters; That’s why we solely dedicate our time and resources to the unique needs of commercial property owners. 

For over 45 years, our attorneys have fought to protect our clients’ rights to the fullest extent under the law. We regularly represent property owners of commercial establishments, businesses, churches, farms, and other complex and high-value properties.

How Are Commercial and High-value Property Cases Different?

When condemnation occurs, residential and commercial developers, business owners, and other high-value property owners are involved in high-stakes litigation. Instead of your typical civil case, land condemnation lawyers are face-to-face with the government. These cases may involve complicated issues such as:

-Driveway access including turn radius, multi-entrances, drive-thru queueing and stacking, 

widths or slopes (to accommodate tractor-trailers or other heavy equipment), and local zoning ordinances.

-New service roads that reduce properties on significant thoroughfares to “second” row properties of lesser value.

-Control of Access which limits or eliminates egress and ingress access points to a tract of land and can devastate the value of a property.

-Utility Easements including aerial or underground drainage, sewer, construction, gas lines, and other pipelines. When property owners can no longer maintain structures, improvements, signs, or landscaping within easements, then the easements can profoundly damage their property values.

-Loss of parking may impact customer access to a business, reduce tenant rents–thus reducing asset income–and trigger non-compliance with zoning regulations.

-Zoning issues such as evaluating the current zoning of the property and the impact eminent domain will have on zoning in the future.

-Signage issues including the relocation or elimination of business signs. Set-back requirements, parking requirements, utility easements, and aerial utility easements can complicate this process—causing businesses to lose signage, lose parking, or fail municipal zoning regulations in the future

-Tenant leases with national or local tenants of varying durations and terms of the agreement.

-Leases of billboards and cell towers

-Water systems and sewage treatment systems

-Underground storage tanks and fuel systems which are often found in convenience stores and other providers of fuel or gas products.

-Industrial and Manufacturing facilities require specialized entrances and other road configurations due to heavy equipment, tractor-trailers, low boys, dump trucks, and vehicles with specific height and width requirements.


Types of specialized clients that we represent:

  • Convenience Stores
  • Shopping and strip centers
  • Retail and office investments
  • Restaurants- both national chains and local owners
  • Industrial and manufacturing facilities
  • Hotels
  • Automobile dealerships
  • Commercial property developers
  • Mixed-Use properties
  • Residential developers and multi-family apartments
  • Billboard owners and companies
  • Cell tower providers or lessors
  • Manufactured home communities and developers
  • Churches
  • Farms


Complex commercial cases are not one-size-fits-all; they take many forms and serve various purposes. In the event of land condemnation due to eminent domain, the government may attempt to undermine the actual value of your land for their profit. Therefore, you should never go into an appraisal alone. Instead, you should consult with a land condemnation attorney that has experience handling high-stakes, high-priority cases like your own.


NC Land Condemnation Attorneys Who Are Here For You

Is your commercial property being condemned by the government for public use? Time is of the essence. Submit a contact form on our website or call our office toll-free at 919-781-1107 today for a free legal consultation with one of our eminent domain and land condemnation attorneys.