Eminent Domain Law Firm in North Carolina, South Carolina, Georgia, Tennessee, and Alabama

Eminent domain is a governmental action or authority defined broadly as the power of the state to take private property for public use.

In general, there are two typical types of condemnation situations – eminent domain or condemnation and inverse condemnation.  Eminent domain issues generally focus on the condemning authority’s ability to condemn property for a public use as set forth under the Constitution and statutes.  Inverse condemnation cases generally turn on whether a governmental action rises to a taking of property rights without the exercise of a formal eminent domain proceeding.

Regardless of the type of taking, the primary concern for the property owner is whether just-compensation is given in exchange for the property interest.  The eminent domain process is the time for a property owner to determine the issue of just-compensation.

The Firm’s attorneys have worked on eminent domain and condemnation matters in various states.  Our staff’s comprehensive understanding of the regulations and process help ensure clients receive their preferred outcome.

If you or your business is subject to a condemnation proceeding, please contact us directly.

Eminent Domain Lawyers: Pursuing Just Compensation

The eminent domain attorneys at Bell Carrington Price & Gregg defend our clients’ property rights against condemnation efforts from all condemners.  If your property is being subjected to any type of taking, you have the right to just compensation.  Please call us immediately.

What is Eminent Domain?

Eminent Domain is the process through which the Government takes private property for public use in exchange for just compensation.  Although eminent domain can be utilized for any public good, the most common reason for using eminent domain is for roads.

Eminent domain is the name of the ‘rights’ given to the government. Condemnation is the ‘procedure’ where the government exercises those rights.

“Eminent domain is the power of the sovereign, or those on whom such power has been conferred, to take property, or interests in property, for public use and upon payment of just compensation.” Pollard v. Hagan.

Receiving a condemnation notice is intimidating to property owners.  While you can handle the case yourself, the chances of favorable results are often unlikely.

Eminent domain laws are complex and nuanced.  One misstep can adversely impact your compensation claim.  The condemnor has the upper hand against property owners without counsel.

However, if you retain an attorney well-versed in eminent domain and condemnation, you will not be at a disadvantage during negotiations and can push back.

Can the Government Take My Land?

The legal theory behind eminent domain grants the government the ability to take private property for public use through a condemnation proceeding.  Although it is very difficult to challenge the government’s authority to take your land, a landowner has the right to just compensation.  This right is set forth in the US Constitution.  The Supreme Court of the United States decided in Hawaii Housing v. Midkiff that the Government can take private land for public use.  This legal theory was furthered in Kelo v. City of New London where the Court determined that the Government may force a transfer of private land to a private corporation when doing so will further economic development for the public good.  However, the common theme throughout these cases is that just compensation must be given to the landowner.

How to Obtain Just Compensation

Just compensation is defined as the difference between the value of your property prior to the taking less the value after the taking.  Just compensation is achieved when the Government writes the landowner a check for the diminution in value of the property.  Defining what is just compensation in your case is not a science – it’s an art.  Hiring a reputable eminent domain focused appraiser and eminent domain law firm is critical to getting the numbers correct.

Proximity Damages

In a eminent domain taking, just compensation is more than just the value of the dirt.  Proximity damages are a type of consequential damage (typically results from a partial taking).  The most common example is when a road creeps closer to a physical structure.  Proximity damages are an unusually difficult damage to measure.  Our eminent domain attorneys will help you measure those damages.

South Carolina, Tennessee

South Carolina:

• Saluda Grade Rail Trail
• Columbia Avenue (S-48) Widening an Improvements
• Tournament Blvd at McDowell St ROW
• I26 Widening MM 125 to 136
• Carolina Crossroads Right of Way
• Fred Nash BLVD Widening
• Woodruff Road Congestion Relief Project ROW
• SC 9 (Boiling Springs Rd) and 4th street Soally Creek Rd ROW
• Butler Road ROW
• Conway Perimeter Rd Phase II
• Forestbrook Road Widening
• US 76 (Clemson Hwy) at S-60 (Welpine Rd) Operational and Safety Project
• 701 Widening North of Loris
• US 701 N Widening ROW (North Conway)
• Country Club Road corridor ROWark Clark Expressway Extension
• 1-26 Widening MM 125 to 136
• Burnt Church Road Improvements
• Intersection Improvements at US 378 & 16th in Conway
• Big Ferguson 100kV Transmission Line Project
• North Maple Street Improvements
• Mark Clark Expressway Extension
• Jasper- Okatie 230 kV #2 and Okatie – Riverport 230 kV Transmission Lines
• I-26 and US 21 (Exit 119) Interchange Improvements
• Shop Road Extension

Tennesse:

• SR 34 from SR 32 to Old Stagecoach Road
• State Route 126 from east of Cooks Valley Road to Interstate 81
• SR 66 at SR 34 in Bulls Gap
• SR 37 from SR 149 at River Road to SR 76/ US 79
• SR 131 and I-75 Interchange
• SR 32 from SR 73 at Cosby to North of Wilton Springs Road