Eminent domain refers to the power of the government to take private land for public use under certain circumstances. For example, the government may sometimes take someone’s house to make room for a new highway or a bridge.

In these instances, the homeowners typically are entitled to compensation for their loss, and the government must first follow several different procedures before it can take property. This section provides information about the government’s power of eminent domain, limitations on that power, and your rights under the law. This why a North Carolina eminent domain attorney is crucial in your eminent domain case.

How is North Carolina Eminent Domain Different?

In the state of North Carolina, the eminent domain process can only be stopped if the proposed taking does not meet the requirements for public purpose or public necessity. If you have determined that the proposed taking does meet these requirements, then you should learn more about the North Carolina eminent domain process.

How are Attorney’s Fees Paid in Eminent Domain Cases?

In North Carolina, attorney’s fees for eminent domain cases are only recoverable if the condemning authority abandons the proceeding, if it is determined that the condemning authority cannot acquire by eminent domain, or if the property owner is successful in an inverse condemnation proceeding (N.C.G.S.A. § 40A-8).

Eminent domain attorney’s fees may also be recoverable if upon entry to inspect/survey the premises, the condemnor causes damages, and the owner brings a suit to recover such damages, and the judgment is 25% higher than the reimbursement offer by the condemnor (N.C.G.S.A. § 40A-11).