Litigation & Representation For Land Condemnation & Issues Affecting Owners & Tenants

As the development of land and infrastructure continues to increase, more landowners risk the prospect of having their private property taken away by the government for public use, including construction of highways, gas and sewer lines, power lines, school sites, and other utilities. The concept of eminent domain, while typically exercised only when land is needed for the public good, is often open to broad interpretation. As a result, improper seizure for other purposes has become an all-too-common occurrence. Similarly, the reimbursement amount offered for legally seized property is often far below the full and fair amount required under the Fifth Amendment.

The litigation lawyers with our North Carolina law firm are committed to representing the best interests of our clients in all proceedings relating to eminent domain law. Our experience covers a broad spectrum of matters affecting owners of single and multi-family homes, multi-use commercial developments, shopping centers, timberland, farms, convenience stores, industrial parks, undeveloped land, or tenants of leased property.

Among other achievements, we have successfully litigated a jury verdict for a convenience store owner to receive more than 30 times greater than the compensation offered by the North Carolina Department of Transportation; represented eight landowners in the recovery of $2 million in compensation, three times the compensation offered by the North Carolina Department of Transportation; and helped victims of sewer line condemnation in Buncombe County recover approximately 15 times greater compensation than was offered by sewer authority!

Contact The Van Winkle Law Firm today to request a consultation with an experienced North Carolina eminent domain attorney!

What Is Eminent Domain?

Eminent domain, or land condemnation, refers to the power of a government entity to take private property for public use. For example, a federal, state, or local government entity has the power to take a private entity's residential or commercial property to construct highways, bridges, and so on. The law of eminent domain comes from the "Takings Clause" found in the Fifth Amendment of the United States Constitution. While the Framers of the Constitution believed private land may need to be taken for the public good, they also wanted to ensure landowners received a fair severance, stating in the Takings Clause that private property should not be taken for public use without just compensation.

An eminent domain lawyer with our NC law firm can provide you with a range of services, including fighting to ensure you receive fair compensation.

Types of Services

  • Assessment of Severance & Remaining Property Damages
  • Maximization of Tax Benefits for Received Compensation
  • Pursuit of Compensation for Impaired Access & Usability of Property
  • Pursuit of Compensation for Property Owners in Land Condemnation Cases
  • Recruitment of Survey, Valuation, Engineering, Land Use and Other Experts to Assist in Prosecution of Compensation Claims
  • Representation in Negotiation and Mediation
  • Resolution of Zoning Challenges
  • Pursuit of Environmental Contamination Claims

Protecting Your North Carolina Property Rights

Our North Carolina eminent domain attorneys are deeply knowledgeable in laws surrounding land condemnation and can provide comprehensive legal representation to protect your property rights. For assistance ensuring you receive commensurate compensation from the government in your eminent domain case, contact an eminent domain lawyer with The Van Winkle Law Firm!