Eminent Domain

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 amount of reimbursement offered for legally seized property is often far below the full and fair amount required under the Fifth Amendment.

The Van Winkle Law Firm is committed to litigating and 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.

Throughout our firm’s history, we have successfully litigated a jury verdict for a convenience store owner to receive more than 30 times greater 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 against the North Carolina Department of Transportation; helped victims of sewer line condemnation in Buncombe County recover approximately 15 times greater compensation than was offered by sewer authority.

Types of Services
  • Assessment of Severance and Remaining Property Damages
  • Maximization of Tax Benefits for Received Compensation
  • Pursuit of Compensation for Impaired Access and Usability of Property
  • Pursuit of Compensation for Property Owners in Land Condemnation Cases
  • Pursuit of Environmental Contamination Claims
  • 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