Eminent domain in North Carolina is the right of the government to take over private land for public use. There is no law establishing this right; it exists by the nature of the sovereignty of governments. This means the government can take your home or other property in order to convert it to public use.
What Qualifies as Public Use in North Carolina?
Public use is anything that benefits the public, rather than an individual or company. Some examples are roads, bridges, and parks. These types of projects are all used by the public.
However, a project does not have to be used by the public to qualify for public use. One example is the property used for high-voltage electric wires. The property is not used by the public, but it does benefit the public. As such, it is considered public use.
How to Know if You Are Receiving Fair Compensation
For the government to take property through eminent domain, it must provide “just compensation” to the owner. This means the government must pay the fair market value of the property.
To determine the price they will pay, the government will typically obtain an appraisal of the property and base their offer on that appraisal. The best way to be sure you are receiving fair compensation for your home is to hire a lawyer that handles eminent domain cases in North Carolina.
What Are My Options When Faced with Eminent Domain?
Your options are to accept the offer or to fight it. If you fight it, you can claim that the use for which the government is taking the land does not fall under public use, or you can object to the amount of the offer. Fighting eminent domain in North Carolina will be more successful with a professional on your side who specializes in these types of cases.
