The process of defending your property rights includes five primary areas: pre-condemnation planning, negotiations, defending the lawsuit, mediation and jury trial.
Pre-condemnation planning
Highway and other public projects are often announced years in advance, and it typically helps to get involved at an early stage. There may be steps you can take to protect your rights and ensure that you receive just compensation when your property is taken. An experienced land condemnation attorney can help.
Negotiations
In North Carolina, if the government needs your property for a public project, you will be contacted by the government’s right-of-way agent and, in most cases, by an appraiser hired or employed by the government. Through its right-of-way agent, the government will make an offer to purchase your property based on its own appraisal. You may accept the offer, or you may reject it and proceed with negotiations. If you are displaced by the public project, you may be entitled to receive relocation benefits, which could include moving and other related expenses.
A qualified eminent domain attorney can take the lead in these negotiations, making sure your rights as a property owner are upheld and that you receive the just compensation you deserve under the United States and North Carolina Constitutions. Where possible, the Land Law Team can also advocate for project design changes to mitigate the impact to your property.
Defending the lawsuit
If you cannot reach an acceptable negotiated settlement, then the government can, in most cases, acquire your property by filing a lawsuit and depositing with the clerk of superior court the amount that the government estimates to be just compensation. Once that happens, certain deadlines are set. Your rights under eminent domain law allow you to withdraw the deposit without forfeiting your right to claim additional compensation if you file the proper motion with the court. You should consult a knowledgeable eminent domain attorney about the impact of filing a motion to withdraw the deposit, deadlines for filing an answer, hiring experts, developing your case strategy, negotiating your claim, and preserving your property rights.
Mediation
In North Carolina, both the property owner and the condemning authority are required to attend a mediated settlement conference. At mediation, a neutral party, known as a mediator, tries to facilitate a settlement between the government and the property owner. The mediator cannot force either party to settle the case.
Jury trial
If the case is not settled at mediation, negotiations may continue. If the case cannot be settled, often a hearing will be held before a judge to determine all issues other than that of just compensation. The case will then proceed to a jury trial.
At trial, a jury of twelve people will determine the amount you are entitled to recover from the government for the taking of your property. The amount of compensation is generally the only issue the jury will decide.
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