Eminent domain gives the government the power to take private property and use it for a public purpose. The most important limitation on this power is that the landowner must receive just compensation for this taking.
If you are facing the condemnation of your property due to eminent domain, you should contact a civil ligation attorney to make sure you are getting a fair price for your land.
Eminent Domain Powers
Although you may prefer to prevent a taking of your land, you’ll have a difficult time stopping the government. As long as the land is being taken for public use, you generally can’t avoid the condemnation.
The interpretation of what is considered a “public use” is generally quite broad. Federal, state, county, and city governments may exercise the power of an eminent domain.
Just Compensation
You have the right to fight for just compensation for your land. This is typically the issue that may require litigation in eminent domain cases because it can be difficult to value a land’s potential.
A court can consider the most profitable use of the land when valuing your property for eminent domain purposes. This means that your current use of the land isn’t determinative of the property’s value.
Appraising your property’s value in an eminent domain case may require the use of expert witnesses.
Inverse Condemnation
Inverse condemnation cases are different than typical eminent domain cases. The property owner asks a court to force the government to take their property because the government has already devalued the property or interfered with its intended use.
Inverse condemnation cases may involve excessive noise, pollution, loss of access, or regulations that outlaw the intended use of the property. The government may argue that no taking has occurred so just compensation need not be provided. However, a property owner can file a lawsuit to show that a physical or regulatory taking has taken place.
You may have a limited time to file your inverse condemnation case. You also need to respond quickly if the government sues you in an eminent domain lawsuit. Contact a North Carolina civil litigation attorney to make sure you get a fair value for your property due to a government taking.
King Law Offices is a full-service law firm with an outstanding team of professionals who work diligently, creatively, and compassionately on behalf of our clients each day. We serve the Upstate of South Carolina and Western North Carolina. Call 888-748-KING (5464) today to set up a consultation with one of our dedicated civil litigation attorneys.