Eminent Domain/Land Condemnation

The Fifth Amendment to the U.S. Constitution protects every American from being denied life, liberty or property without due process of law. However, the federal and state governments were given the right to take private property away from owners if the property being taken was for a "public use" and if the owners were paid "just compensation."

This governmental power of eminent domain may sound very clear, but the exact definition of what constitutes just compensation and what is public use can become quite cloudy.

Most people never think about the issues of eminent domain or rezoning unless they are served with a notice stating the government's intention to take or rezone their land. This signals the start of what can be a very confusing and frustrating series of meetings involving government officials, appraisers, Realtors and others who are hired by the government to support their interest in taking your land. It is crucial that you hire a skilled attorney to represent your best interests.

When you discover you are in deep water, you need to speak with one of our accomplished eminent domain attorneys. We can navigate the legal system and guide you toward the best possible outcome.

The attorneys at Boxley, Bolton, Garber & Haywood, L.L.P., have more than 30 years of experience representing private property owners who feel the government is abusing its power of eminent domain. It is not always possible to stop the taking, but we will fight any attempt to use the economy as a basis for devaluing your land and depriving you of your right to just compensation. We have earned millions of dollars in settlements for our clients who were subject to eminent domain action.

If you have been notified of the government taking or rezoning of your property, contact us immediately to arrange a consultation with one of our Raleigh land use attorneys. These actions can proceed quickly and a delayed response could limit your options and negatively impact your case.

Frequently, property owners believe the value of their land is worth far more than the government's offer for purchase. You need an experienced attorney who can provide the court with indisputable proof of the correct value of your land.

Attorney Kenneth Haywood obtained the highest jury verdict in the history of one of the counties in North Carolina. While no result can be guaranteed, when you are calling an attorney for your case, results are what you want.

We Are More Than Just Cary Zoning Law Attorneys

Our attorneys have experience representing individuals and businesses in cases of special use permits, land use, zoning, condemnation and just compensation on behalf of private property owners in cities throughout North Carolina. As knowledgeable condemnation lawyers, we know that you may challenge the condemning authority if it is not for a public purpose or more land is affected by the taking than has been included in the lawsuit.

Our challenge may be based upon the land use being for a private purpose instead of a public one, as required under the Constitution. This has occurred when the eventual owner of your condemned property is a private redeveloper with plans for a so-called public use.

Boxley, Bolton, Garber and Haywood, L.L.P., attorneys also challenge North Carolina eminent domain cases on the grounds of lack of just compensation, the failure to follow state condemnation procedures or insufficient proof of a public project that requires the taking of private property.

We need to know the specifics of your case before we can create a strategic defense.

You need to hire a strategic attorney who can build a solid defense based upon the specifics of your case.

Contact us to schedule a consultation to discuss your circumstances and the route to your best possible outcome.

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