Condemnation & Eminent Domain
Eminent domain is the government's power to take private property for public use, such as constructing roads, schools, or other public infrastructure. While the government can lawfully acquire private land through this process, property owners are entitled to fair compensation and have the right to challenge improper or unjust actions. At Ferikes Bleynat & Cannon, we are dedicated to defending property owners from eminent domain actions, ensuring their rights are protected and that they receive just compensation or even prevent the taking of their land.
Understanding Eminent Domain
When the government exercises its power of eminent domain, it typically follows a process that involves the condemnation of property, an appraisal to determine its value, and an offer to purchase the property based on that appraisal. While this process is intended to serve the public good, it often comes with serious implications for the property owner, including the potential loss of valuable land or insufficient financial compensation.
Key issues that arise in eminent domain cases include:
- Disputed public use: Property can only be taken for legitimate public use. If the intended use of your property does not meet the legal definition of public use, you have the right to challenge the taking in court.
- Inadequate compensation: The government is required to offer "just compensation" for the property it acquires. However, the initial offer may not reflect the true market value or the full extent of the financial impact on the property owner. We fight to ensure you receive fair compensation for your loss.
- Improper procedures: The government must follow specific legal procedures when exercising eminent domain. Failure to comply with these procedures can provide grounds to challenge the taking.
Defending Against Eminent Domain Actions
At Ferikes Bleynat & Cannon, our attorneys have extensive experience representing property owners facing eminent domain actions. We explore every possible avenue to defend your property rights and protect your interests. Common defenses against eminent domain include:
- Challenging public use: If the government’s justification for taking your property is unclear or does not serve a legitimate public purpose, we can challenge the validity of the taking.
- Disputing property valuation: We work with experts to evaluate your property and contest any offer that does not reflect its full market value or the financial impact on your livelihood.
- Examining procedural errors: The government must adhere to strict procedural requirements during the eminent domain process. Any deviation from these requirements can form the basis for a legal challenge.
Potential Outcomes for Property Owners
Property owners facing eminent domain have several potential outcomes, depending on the circumstances of the case and the defense strategy employed. These outcomes include:
- Halting the taking of your property: In some cases, it is possible to successfully challenge the government’s right to take the property, preventing the eminent domain process from moving forward.
- Securing fair compensation: If the taking cannot be stopped, we fight to ensure you receive just compensation that reflects the full value of your property, including any potential losses or impact on your business or livelihood.
- Negotiating better terms: In some cases, property owners may benefit from negotiating with the government to achieve a more favorable outcome, such as a larger compensation package or alternative arrangements that minimize the impact of the taking.
Why Choose Ferikes Bleynat & Cannon?
Our attorneys at Ferikes Bleynat & Cannon are committed to protecting property owners from unjust or improper eminent domain actions. With offices in Asheville and Waynesville, we serve clients throughout Western North Carolina, offering personalized legal strategies tailored to each individual case. Whether you’re seeking to prevent the loss of your property or ensure you receive fair compensation, we have the expertise to help.
Contact Us
If you’re facing an eminent domain action, contact Ferikes Bleynat & Cannon to discuss your legal options. Our experienced attorneys are here to defend your property rights and guide you through the complexities of the eminent domain process. Call us today or visit our website to schedule a consultation.
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REAL ESTATE MATTERS
- Real Estate Contracts
- Homeowners Associations
- Eminent Domain, Zoning, Land Use
- Titles, Liens, Boundaries and Easements
