Land Condemnation

Has the North Carolina Department of Transportation, Federal Government, town, city, or county condemned your valuable land or home? Where you offered fair market value or did you receive a much lower offer? Maybe you wanted to keep it. No one gave you a choice, anyway. There is something you can do. Johnson & Johnson Attorneys at Law P.L.L.C. works with selected professionals to arrive at a value which fits your particular situation. Most of the time this value is much higher than the value chosen by the condemnor. Our efforts are then turned toward influencing the condemnor to change its mind, and if that doesn’t happen, our clients have a choice to try the case in front of a jury chosen from their community.

Inverse Condemnation

Sometimes the situation comes up that a condemnor will take or adversely affect land that they tell you they did not condemn. For example, the condemnor may make pollutants affect your land, somehow cause the land to become economically useless, or, may divert drainage and water flows onto your land. This situation is known as inverse condemnation, and it has to be raised by the landowner by either filing a lawsuit or bringing it up in an exiting condemnation case. Johnson & Johnson Attorneys at Law P.L.L.C. takes on these cases, and while the condemnor may not formally acknowledge inverse condemnation occurred, many times they will pay damages to avoid the legal contest that will result from the landowner’s grievances.

We periodically offer seminars on land condemnation at no cost to the public. One of our attorneys presents a powerpoint presentation and usually different professionals are called upon to speak. Call us today for information regarding upcoming seminars.

 

 

Resources

Click on the icon below to see slides from our 2010 presentation at the East Arcadia Elementary School. See also a pdf file of a 2011 N.C. Court of Appeals decision regarding inverse condemnation affirming in part and reversing in part trial court rulings for further proceedings. General Statutes Chapter 136 (empowering DOT condemnations) and Chapter 40A (empowering all local government condemnations) may be found online at www.ncleg.net.

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