Eminent Domain Basics

Frequently Asked Questions

What is eminent domain and what does it mean for me? What constitutes "public use" for eminent domain? What is the typical eminent domain process for a landowner?

Understanding the Process

Eminent domain is the power of a government or government agency to take privately owned lands and convert them to public use. Once this process starts, it is nearly impossible to stop, but understanding how it works will help you know how to fight for your rights.

Condemnation

What is condemnation? You may be familiar with the term, but in the legal world, condemnation is a very specific action taken by the government to trigger the taking of a piece of land for eminent domain.

Takings for Public Use

Eminent domain is the power granted to the government (federal, state and local), to seize an individual’s private land and convert it to a public use. Public uses are things like new public schools, new or wider roads, public works utilities, and military bases.

Takings for Road Construction

The construction or improvement of roads and highways is a prime example of an eminent domain condemnation for a public use. However, NCDOT takings are not limited to just roads – they could be railroads or new power line poles.

Takings for Private Development

In recent years, many communities that have been taken via condemnation for private purposes have been areas for gentrification rather than redevelopment. These sorts of takings often push older neighborhoods with lower incomes out of the way for new, more expensive homes and stores.

Compensation for Relocation Costs

One of the most difficult elements of a condemnation for a landowner is having to relocate his home or business on very short notice. Asking to be fairly compensated for relocating in addition to being compensated for your land is well within your rights in a condemnation action.

Eminent Domain Issues

Knowing Your Rights

Receiving a notice for eminent domain of your property can be frightening and overwhelming. Even though it is unlikely you will be able to keep your property once proceedings have begun, you do have rights. Understanding these rights will help you to make the best of a bad situation.

Understanding Easements

You may never have heard the term “easement” before you received your condemnation notice. We are going to look at all the kinds of easements the government might be seeking from you, what your rights are, and what to look out for.

What About My Mortgage?

Having the government condemn your property can be scary on its own but can become outright terrifying if you are still in the process of paying off your mortgage.

Inverse Condemnation

If you find that the government has started using or damaging your property without giving you any notice or any compensation, you may find yourself in the usual position of asking the government to “condemn” your property.

Right of Entry

Before you are ever given notice of a condemnation, you might see government or state employees on your property. You may receive a right of entry letter in the mail.

When Your Business Property is Condemned

Having your home property condemned is very common in eminent domain, but what if the property condemned is where you have built your business? What does just compensation mean when you are going to have to relocate your business?