Eminent Domain Attorneys in Iredell County

Fighting to Protect Our Clients’ Property Rights

In America, property owners have an abundance of rights. This is true for both regular people and private corporations. However, the eminent domain process shows that there are limits to these rights. If your land has development potential and could be used for a public project, the government and certain quasi-government agencies can take ownership of it. However, private landowners still have some rights during this process. To ensure you’re taking full advantage of these rights, it’s advisable to speak with an eminent domain lawyer.

At Chad Brown Law, PLLC, our team of legal professionals handles all types of eminent domain issues. In some cases, it may be possible to stop the condemnation process altogether. However, the right attorneys could potentially secure a more fair outcome even if stopping the government isn’t an option. Our law firm will strive to get a favorable outcome on your behalf — regardless of whether this means maximum compensation or completely derailing a condemnation proceeding. Contact us today to schedule your free consultation.

How Can the Government Take Private Property Without Permission?

When property owners have to deal with eminent domain matters, they typically have a lot of questions. The most important is, “How can the government just take my land?” While this seems like something the law would prevent — particularly in a country with substantial property rights — the United States Constitution actually allows for this action. It’s the Fifth Amendment that grants this power — a power that can be wielded by various levels of government and related agencies (e.g., railroads, utility companies). However, this same amendment also says fair compensation must be provided.

This means the government can’t simply come in and take your property. They must seek a fair appraisal to determine the compensation owed or present an offer you’re willing to accept. In some cases, they’ll also have to provide relocation benefits and other compensation for the difficulties they’re causing property owners. However, it’s important to realize that this doesn’t mean there’s no way to stop the seizure of your land. If the acquisition of your land isn’t necessary or doesn’t serve the public benefit, it could be possible to stop an eminent domain and condemnation proceeding altogether.

Your options will depend upon the unique circumstances of your situation. This makes it imperative for you to speak with an eminent domain attorney before doing anything. Contact Chad Brown Law today for a free consultation.

Your Rights Under Eminent Domain Law

Condemnation is the process the government or related entities use to exercise their legal authority. During this process, they’ll typically start by making an initial offer and engaging in negotiations if you don’t accept. Unfortunately, a refusal to accept an offer doesn’t simply end eminent domain cases. Instead, the relevant entities will seek an appraisal to determine the fair market value of your property. At this point, they can file legal action to take your land and provide compensation for doing so.

During this process, you and other property owners have certain rights. These include:

• Right to just compensation: The condemning authority must provide fair compensation. This is typically determined via an appraisal to determine the value of the property prior to condemnation.
• Right to notice: The government must provide notice to property owners when it intends to take their land.
• Right to negotiation: Property owners also have the right to negotiate with the government over what constitutes fair compensation.
• Right to challenge: Property owners can also challenge the eminent domain process.
• Right to a fair appraisal: Property owners can seek their own appraisal if they believe the government offer isn’t fair.
• Right to challenge compensation: The government typically starts by offering the least amount of compensation possible. Property owners can challenge this.

These rights are typical in any eminent domain action. However, it’s likely that you have additional rights as well. This could depend on a variety of factors — ranging from jurisdiction to potential uses of the property in question. You may even be owed additional compensation if your remaining property is unusable or you have to relocate (e.g., moving expenses). An eminent domain attorney can help you understand everything you’re entitled to. Contact Chad Brown Law today to discuss your case.

What Is Inverse Condemnation?

The eminent domain process requires that just compensation be provided to property owners. Of course, this typically only applies if the government or related agencies actually take ownership of the land in question. However, there are also instances where actions taken by a government entity result in the effective taking or damaging of private property without having initiated the formal process for doing so. In these situations, it may be possible to file an inverse condemnation claim to be reimbursed for damages caused by the actions of these entities.

The following are common examples of situations that could lead to such a claim:

• Regulatory takings: Government regulations — such as land-use restrictions and zoning rules — diminish the value of the property.
• Physical damage: Government actions can result in physical damage to private property (e.g., construction project issues).
• Flooding: Government actions can lead to flooding or water damage on private property.
• Nuisance: Government activities sometimes create a nuisance that makes it difficult to use and enjoy private property.

In all these instances, the government can effectively diminish the property rights of individuals and businesses. An experienced eminent domain attorney may be able to argue that you deserve just compensation in such situations. Property owners should be able to enjoy all the rights that come with owning private land, and when these rights are infringed upon, it’s important to hold the government and other entities responsible. Chad Brown Law is ready to assist in this endeavor.

Contact Our Eminent Domain Attorneys Today

Eminent domain and condemnation cases are evidence that the government has extensive powers when it comes to acquiring land for public use. However, the protections provided to property owners during this process are some of the most robust in the world. Whether you’re going up against the federal government or a local quasi-governmental agency, understanding your rights is the most important thing you can do. You deserve due process under the law, and if the government is within its rights to take your property, then you should receive the fair market value of your land.

At Chad Brown Law, PLLC, we’re dedicated to ensuring the rights of our clients are fully protected and represented. We will ensure that the government isn’t overstepping its authority, and if there’s no way to prevent the loss of your land, we’ll work hard to secure just compensation on your behalf. We know that dealing with eminent domain and condemnation is a stressful event, so we try to make it as easy as possible for you. This starts with a free consultation to identify the underlying factors unique to your case and to help you understand your options.

Contact us today at 336-962-5373. Our eminent domain lawyers are ready to assist.