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Eminent Domain & Land Condemnation

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Eminent Domain & Land Condemnation


Eminent domain and land condemnation are terms that are sometimes used interchangeably, but they are not really one in the same. Eminent domain is the power to take private land and convert it to public use. Land condemnation is the process by which the land is expropriated. 

Eminent Domain

Eminent domain is the power granted by state and federal law to government agencies and other specified public and private developers to take a person’s private property and convert it to public use. 

Under the United States Constitution, federal agencies may not take private property for public use without “just compensation” (Fifth Amendment), and states may not “deprive any person of life, liberty or property, without due process of law” (Fourteenth Amendment). 

Land Condemnation 

Land condemnation allows the government or authorized agency to declare the need for public use of the property. They will also appraise the property to determine “just compensation”, and begin building on the property or convert it to public use. One example would be widening a road or an interstate. 

Just compensation in a total taking scenario is simply the value of your entire property. Just compensation in a partial taking scenario can be viewed in terms of difference of your property’s value before the taking (before value) less what it is worth after the taking (after value).

Raleigh, N.C. Eminent Domain Attorneys 

Consulting a Raleigh eminent domain attorney as quickly as possible can help ensure that your constitutional rights are protected and that your property is not appropriated against the law. This can also help you know that the value of your property is adequately assessed and compensated.

If you feel as if you have been appropriated against by the law or your property has been inadequately assessed and you have not been compensated correctly, Maginnis Law’s eminent domain attorneys would like to speak with you. You can contact our firm’s eminent domain attorneys by phone at 919.526.0450 or by email at info@maginnislaw.com.

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