Eminent Domain - Condemnation
Eminent Domain - Condemnation
- What is eminent domain?
- Eminent domain the right of the government to take private property for public uses by paying just compensation for the property taken for public use.
What is just compensation?
- Just compensation is the value of your property with its highest and best use. Very often when the government takes a landowner’s property, it seeks to obtain the property for the lowest possible price that it can justify. Your opinion as to the value of your property may be vastly different from the value that the government may choose to assign.
What can I do if the government seizes my property, and I do not think what they are paying me is fair or just compensation for the taking?
When the government takes your property by condemnation or eminent domain, the government is required to deposit what they deem to be fair compensation with the Clerk of Court and file a lawsuit against you when they take your property. You have the right to take the money that the government has deposited and then contest in Court the amount that the government determined to be the value of your property.
Can you represent yourself in Court in contesting the amount that the government has determined to be the value of your property?
A Landowner can represent themselves in a condemnation action, but they would be foolish to do so. These cases involve presenting expert testimony and cross examining the government’s experts. To be successful against the government you would need to have knowledge of the rules of civil procedure, the rules of evidence, and a knowledge of the case law governing eminent domain cases.
How much will it cost me in attorney fees for Weaver, Bennett & Bland, P.A. to represent me in contesting the amount the government has paid as a deposit for taking my property?
It will not cost you anything in attorney fees to contest what the government is trying to pay you for your property. Weaver, Bennett & Bland, P.A. charges a third of any amount we recover over and above the deposit the government has paid into Court for your property. For example, if the Government paid Ten Thousand Dollars into the Clerk of Court’s Office, and you obtain Fifty Thousand Dollars in Court, then your attorney fees would be one third of the Forty Thousand Dollars over the Deposit or Thirteen Thousand Three Hundred Thirty-Two Dollars ($40,000.00 X .33 = $13,332). If we do not recover more than the Government offered, then you do not owe us anything. What do you have to lose?
Stand up and defend your constitutional right under the Fifth Amendment to just compensation.
The Fifth Amendment to the United States Constitution states that “Nor shall private property be taken for public use, without just compensation.” Although the Federal, State, and municipal governments can take private property for such purposes as roads, parks, schools, government buildings, bridges, and many other public purposes, they must first pay fair compensation for any property taken. In North Carolina, Article One Section 25 of our State Constitution provides that “In all controversies at law respecting property, the ancient mode of trial by jury is one of the best securities of the rights of the people and shall remain sacred and inviolable.” This means that in North Carolina the amount of your compensation will be decided by your fellow citizens, and not by a judge or a hearing officer employed by the government. Let the lawyers at Weaver Bennett & Bland P.A. help you get a fair hearing and just compensation for the government taking your property.
Do not delay taking action, as time is of the essence in condemnation cases!
When you are served with a Summons and Complaint in a condemnation case, it is important that you act promptly. Your failure to respond in a timely manner could result in you losing the opportunity to dispute the amount that the condemnor is trying to pay you for your property. Eminent domain lawsuits are dependent upon expert witness testimony. Retaining qualified experts and providing them with the necessary information for your case takes time. Do not hurt your case by failing to act promptly.
Weaver Bennett & Bland, P.A. has represented families that have lost loved ones in numerous diverse types of wrongful death cases. One examples is a construction defect case which resulted in the death of a young man in an explosion. Another example was the terrible death of a schoolteacher who was given ten times the dose of blood thinner in the hospital that she was prescribed. A third example was the death of a two-year-old child who died from the hospital losing her blood culture. We had the knowledge, experience, and the resources to help each of these families to obtain justice and accountability.
If you have lost a family member and believe that the death was caused by the negligence of a third party, call Weaver Bennett & Bland, P.A. A consultation is free, and we can help you too.