Eminent Domain Laws in North Carolina

There are two essential issues in North Carolina eminent domain cases. First, does the government have the right to take your property? If it does, is fair compensation being offered for the property?

The power of eminent domain is broad, but there are limitations. The government can only take your property for a public purpose. The taking must be necessary—in other words, the public purpose cannot be achieved without taking your property—and the government cannot take more of your property than it needs to achieve this purpose.

Historically, it has been very difficult, though not impossible, to prove that a governmental authority lacks a public purpose for condemnation of private property. Much more frequently, an eminent domain case centers on whether the payment being offered in exchange for the property is truly fair.

Often, when the government has decided to condemn private property, they will make an offer to acquire it. If you receive such an offer, do not believe that you have no choice but to accept it. The eminent domain attorneys of The Odom Firm have helped many landowners to receive much more money for their property than they were initially offered. If our attorneys are unsuccessful in getting you more money than you were first offered, we will not take an attorney fee.

The lawyers at The Odom Firm can also help explain to you the laws in North Carolina that apply to your specific situation. You may have had your property taken before by the County using Chapter 40A of the General Statutes but now find yourself in a different situation with the North Carolina Department of Transportation taking your property using Chapter 136 of the General Statutes. The processes will be different under law depending on who is taking your property, and we understand those differences.

We invite you to contact The Odom Firm with any questions you may have about eminent domain laws in North Carolina.

News

Nov
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Tommy Odom, with former NC Supreme Court Justice Robert N. Hunter, Jr., has planned the NC Bar Association 2020 Constitutional Rights and Responsibilities Section CLE titled “COVID-19 v. The Constitution: The New Normal?”  Tommy invites… Read More
Nov
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The Odom Firm has been awarded a Tier 1 ranking by U.S. News & World Report “Best Law Firms” for its Eminent Domain and Land Condemnation practice.  This is the 12th year that the Firm has obtained a Tier 1 ranking.  The Odom Firm r… Read More
Sep
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The Odom Firm’s team of David Murray, Tommy Odom, Keren Patrick and Andy Patrick participated in the annual “Clays for Conservation” tournament in Norwood, NC, which benefits the Catawba Lands Conservancy.  While the team did not b… Read More
Sep
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The Odom Firm is proud to announce that attorney David Murray has been selected to The Best Lawyers in America 2021 for his work in land use and zoning law.  This is David’s 1st year being selected to the Best Lawyers publication.  David is t… Read More
Sep
15
The Odom Firm is proud to announce that attorney Tommy Odom has been selected to The Best Lawyers in America 2021 for his work in eminent domain and land condemnation law.  This is Tommy’s 11th year being selected to the Best Lawyers publicati… Read More