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Understanding Eminent Domain

Eminent domain, also known as land condemnation, is a legal process through which the government acquires private property for public use. While this power can be used for various projects, it is crucial for property owners to understand their rights and potential avenues for recourse.

In this blog, we will explore the key aspects of eminent domain, including how condemnation proceedings work and its application in Charlotte, NC. Additionally, we will highlight the role of Weaver, Bennett & Bland, P.A. in assisting local property owners facing eminent domain issues.

private property sign

What Is Eminent Domain?

Eminent domain grants the government the authority to take possession of private property in exchange for just compensation. This power is typically used for public projects such as greenways, parks, road expansions, public transportation systems, and the installation of public utilities. While property owners may feel frustrated and limited in their options, it is important to note that governments must meet certain requirements before exercising eminent domain.

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How Condemnation Proceedings Work

When a property owner receives notice of the government's intention to acquire their property, it is natural to experience emotions ranging from anger to confusion. However, it is necessary to understand the legal process involved.

In order to exercise eminent domain lawfully, the government must demonstrate that the taking is necessary for a public use and provide just compensation based on the fair market value of the property. The government must also adhere to specific procedures, filing condemnation actions in the county where the property is located and including the purpose of the public project and a detailed property appraisal.

For example, if the government seeks to widen a road near your home and they only need 300 feet of your property to do it, then the government cannot simply take 400 feet instead. Moreover, they must compensate you for the land they do take.

Charlotte, NC skyline

Eminent Domain in Charlotte, NC

In recent years, the city of Charlotte, NC, has frequently utilized eminent domain for projects such as the construction of greenways and extensions of the light rail. Currently, the city is actively working on the 2030 Transit Corridor System Plan, which may require the government to invoke its eminent domain power to acquire private properties throughout the Charlotte area. To learn more about the plan, please visit the Charlotte Area Transit System website.

meeting with an attorney

How Weaver, Bennett & Bland, P.A. Can Help

If you have recently found yourself confronted with the government's intention to claim your property through eminent domain, Weaver, Bennett & Bland, P.A. can offer assistance and legal guidance. Our experienced attorneys in Charlotte specialize in navigating eminent domain cases and can help protect your land or ensure that you receive fair compensation for your property. We understand the complexities of condemnation proceedings and will strive to protect your rights throughout the process.

Eminent domain can be a challenging and overwhelming experience for property owners. However, it is essential to be aware of your rights and seek professional legal advice if you find yourself facing such a situation.

Weaver, Bennett & Bland, P.A. is dedicated to advocating for Charlotte property owners in eminent domain cases. Contact us today and let us help protect your interests and secure the compensation you deserve.

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