Condemnation Attorneys in Goldsboro

Property seizure by the government under the power of condemnation or eminent domain is often an unsettling experience. Your condemnation lawyers in Goldsboro, NC are here to walk you through the whole process to protect your right to just compensation and, when possible, negotiate for measures that will lessen the impact of condemnation on the property’s use.

Condemnation Law in North Carolina

Eminent domain is the government’s right to seize private property in order to convert it for public use, and condemnation is the legal process utilized to execute the power of eminent domain. In North Carolina, condemnation law is outlined in North Carolina General Statutes Chapter 40A, Articles 1-4 for private condemnors and local condemnors, and Chapter 136, Article 9, specifically when the condemnation is issued on behalf of the North Carolina Department of Transportation (NCDOT). When private property is condemned, the private party is entitled to fair and just compensation. If you are facing condemnation of your property under eminent domain, the first step is to call a lawyer.

Landowner Rights Under Eminent Domain

When faced with condemnation, the landowner is justified to fair and just compensation for the property. Unfortunately, you cannot assume that the government’s initial offer is fair. Like any buying entity, they want to pay the lowest price possible. That’s why having good representation is so important.

While the government is legally obligated to offer you a fair price, that price is determined by government-hired appraisers. Property valuation is not an exact science, so it’s important to keep in mind that the initial appraisal may not be an accurate reflection of the property’s worth. 

The Goldsboro condemnation attorneys at Strickland Agner Pittman are well-versed in condemnation law in North Carolina and are ready to ensure your right to fair compensation is being protected to the fullest extent.

The Condemnation Process

You might first find out that your property or land is being condemned when the condemnor enters your land to conduct surveys or other engineering data. This action is completely legal and should be your first indication that your property may be facing condemnation under eminent domain. 

From this point, the following will likely occur:

In most cases, you will be contacted by someone with the condemning party who will seek to negotiate a selling price for the land being condemned. Note that the North Carolina Department of Transportation and the North Carolina Department of Administration are required to attempt a “good faith” negotiation with the property owner prior to filing a condemnation lawsuit. However, this is not required of local condemnors. 

In the case of an NCDOT or NCDOA condemnation (known more commonly as “quick-take” condemnations), the condemning party serves the property owner with a condemnation complaint if good faith negotiations do not prove amicable. This condemnation complaint will state why your property is being taken, how much is being taken, and their judgment of its value. 

As soon as the condemnation complaint is filed with the Clerk of Superior Court and the condemnor deposits payment in the amount of the estimated just compensation, the land will belong to the condemning agency. Many landowners are surprised by how immediately possession is transferred. 

You may apply to the court for all or part of the deposit for the property, even if you plan to challenge the valuation. 

Contact Us

Condemnation cases are nuanced and complex. At Strickland Agner Pittman, our local Goldsboro condemnation attorneys are ready to protect your right to the fair and just compensation you deserve. Our team of diligent, hands-on, skilled lawyers is just a phone call away. 

Don’t wait to take action. Reach out today to get started with a free consultation.