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Raleigh Land Condemnation Attorney and Eminent Domain Lawyer


The phrase “eminent domain” describes a government’s right to take private land. Under the United States constitution, no governmental authority may exercise their eminent domain rights unless the private land will be used for a public purpose or benefit and the government pays “just compensation” for the land. In North Carolina, Chapters 40A and 136 of the General Statutes provide the procedures for condemnation of private land and the payment of just compensation therefor. If your property is being condemned by the state or a municipality, county, or utility company, contact the eminent domain attorneys of Maginnis Law at 919.480.8526. You may also use our contact page to submit a confidential inquiry to our civil litigation lawyers.

Chapter 40A of applies to most municipalities, counties, and public utility condemnors, while Chapter 136 applies to state agencies such as the Department of Transportation. Understanding the procedural and substantive differences in these statutes is critical to obtaining maximum compensation. Potentially the most critical difference between Chapter 40A and Chapter 136 is their respective formulas for determining compensation. The basic scheme is as follows:

(1) For all complete takings, i.e. when the government takes all of your land, you are entitled to the fair market value of the property at the time of taking;

(2) For partial takings under Chapter 40A, you are entitled to the greater of:

(a) the difference between the fair market value of the “parent tract” immediately before and after taking; and

(b) the fair market value of the property taken at the time of taking;

(3) For partial takings under Chapter 136, you are entitled to the fair market value of the parent tract immediately before taking and the fair market value after taking. All general or special benefits inuring to the parent tract must be taken in to consideration.

Contact the Raleigh civil litigation attorneys of Maginnis Law for representation as to the government’s taking of your property. We are able to handle eminent domain matters in Wake, Alamance, Durham, Orange, Chatham, Johnston, Franklin, Granville, Wilson, and Nash Counties. In condemnation actions, we offer a contingency fee calculated based upon the difference between the condemnor’s initial estimate of just compensation and what we are able to obtain for you. Therefore, you pay no attorneys’ fees unless we obtain a higher offer or verdict for your property.

If you have received a condemnation Complaint, Declaration of Taking, Memorandum of Action, Notice of Deposit, Petition for Condemnation Right of Way and Temporary Workspace, or any other correspondence pertaining to an eminent domain action, call the Raleigh civil litigation attorneys of Maginnis Law at 919.480.8526 or email us using our contact page. All consultations pertaining to condemnation actions are provided free of charge.

 

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