| 1. How much am I entitled to? |
| Under the law in North Carolina, the landowners are required to prove,
by the greater weight of the evidence, that they are entitled to receive
compensation, and the amount of such compensation.
The measure of damages is the fair market value of
the property at the time of the taking (the date when the lawsuit is
filed).
The fair market value of any property is the amount
which would be agreed upon as a fair price by an owner who wishes to
sell, but is not compelled to do so, and a buyer who wishes to buy,
but is not compelled to do so.
The jury is allowed to consider not only the use of the property at
the time of the taking, but also the uses to which it is then reasonably
adaptable, including the highest and best use. However, the jury may
not consider purely imaginative or speculative uses and values.
|
| 2. What if they only take part of my land? |
Where only a part of a tract of land is taken, the measure of damages
is the difference between the fair market value of the entire tract
immediately prior to the taking and the fair market value of the remainder
immediately after the taking.
In determining the value of the landowner's remaining property after
the taking, the jury may consider the benefits or increases in value
that may arise from the project. If the jury finds there is no difference
in the fair market value of the entire tract before the taking and the
fair market value of the remainder after the taking because of the benefits
which result from the project, the landowner recovers nothing.
|
| 3. How can D.O.T. take my property? |
Under the law, the State or other government body may take private
property for the "public good" where they determine that it is necessary
to do so in order to provide safer and more modern highways, expand
an airport, build schools, provide public housing, or the like. When
building a road, the goal of DOT is to take into account the public's
well-being, feasible engineering, safety and economic standpoints, and
the least amount of injury or inconvenience to the public.
|
| 4. What is the process for taking my land? |
| After D.O.T. selects and approves a route and the highway design is complete, right-of-way agents for the State contact all affected property owners. These right-of-way agents will provide information to landowners about how the project will be constructed, and will also obtain information about your property.
If you will be required to move, a relocation agent will also contact you to discuss assistance and payment allowances. D.O.T. will make you a written offer for your land which will include the amount offered as just compensation; a description of the property to be taken; and an identification of all buildings and other improvements which will be taken.
|
| 5. What happens if I don't accept the offer? |
When a landowner turns down an offer, DOT is forced to file a lawsuit
in order to obtain title to the property to be taken. This is known
as "condemnation" or the "right of eminent domain." The landowner then
normally has twelve (12) months from the date the lawsuit is served
to file an answer and request that a jury determine the amount of "just
compensation" to be paid. It is our policy to file an answer as soon
as reasonably possible after the suit is filed in order to move your
case along more quickly.
|
| 6. Will D.O.T negotiate with me after their first offer? |
Sometimes they will, sometimes they won't. There does not seem to be
any set pattern about their policy in this regard. However, usually
D.O.T. will not negotiate further in cases where they genuinely feel
that a jury will not award more than the amount of the offer.
|
| 7. How long will it be until suit is filed? |
The beginning date of construction generally dictates how quickly or slowly D.O.T. will move in regard to your claim. Once they have finalized the plans and let the construction contracts, they must either obtain title to your land by voluntary purchase, or they must file suit in order to have the court determine that D.O.T. is authorized to take your land against your will. There is no set time for how long the process will take, but ordinarily the suit will be filed at least sixty (60) days before the anticipated date that construction is to begin.
|
| 8. How long will the process take after the suit is filed? |
Condemnation suits have priority for scheduling purposes under North
Carolina law. Nevertheless, it normally takes anywhere from nine (9)
to eighteen (18) months after your answer is filed until the case is
actually scheduled for trial. This time period can vary depending upon
the number of cases pending and how often court is held in the county
where your land is located.
|
| 9. What is the procedure after suit is filed? |
You must file a written answer within twelve (12) months from the date
the lawsuit is filed, requesting that a jury determine the amount of
just compensation you should be paid. Once the answer is filed, the
attorneys for both sides normally trade information about the names
and credentials of their experts. It is our policy to continue efforts
to settle your claim during this time.
Under current North Carolina law, mediated settlement conferences are
now required in all cases. This means that, approximately six (6) months
after your answer to the lawsuit has been filed, the Court will require
the landowner, all attorneys, and D.O.T. to meet with an impartial mediator
to see if some reasonable compromise settlement can be reached. In the
event that settlement cannot be reached, the case will proceed to trial.
|
| 10. When can I get the money D.O.T. has offered me? |
If you turn down the written offer D.O.T. makes for your property,
they will be forced to file a lawsuit. At the time the lawsuit is filed,
D.O.T. must pay into the Clerk of Superior Court the amount of money
which they offered you in writing for your land. Once that money has
been paid into the Clerk's office, the landowner has a right to request
that it be released immediately. We file a motion, at no charge, to
assist the landowner in the release of these funds. In the event there
are no liens against the property, these funds would be released right
away and would be yours to keep, regardless of the outcome of the trial.*
|
| 11. How much more money can I get? |
Each case is different and there is no set formula for how much more
a landowner will be able to get. Under the law in North Carolina, if
a settlement cannot be reached, the property owner is entitled to damages
for the loss of the fair market value of the property. A jury of twelve
people from the county where the property is located decides the amount
of the fair market value.
A 1995 survey by the Raleigh News & Observer showed that landowners
who turned down the original written offer and went forward with their
claim received an average of 62% more for their property. The only way
to determine how much more you are likely to get is to obtain an appraisal
from a certified real estate expert who would be qualified to testify
on your behalf at trial. Once this information has been obtained, a
realistic range of compensation can be determined.
|
| 12. Will I get interest on the damages? |
The jury is told that their verdict may not include any amount for
interest, despite the fact that payment may be made long after the taking.
However, interest is added to the verdict by the judge, in the amount
allowed by law (normally 8% per annum, from the date of the taking of
your land).
|
| 13. What about taxes? |
Generally speaking, a landowner has two (2) years after the date that
the funds are received to purchase or reinvest in comparable property.
It is possible under some circumstances to obtain an additional extension
of time to reinvest in other real estate, provided the property owner
is making a reasonable effort to do so.
This information is very general, and you should consult a tax professional
for more specific information regarding your particular circumstances.
|
| 14. What are the "costs" and why must I pay them? |
In North Carolina, it is unethical for an attorney to accept employment
in a civil case unless the client agrees to be responsible for the "costs"
of a lawsuit. Ordinarily, in land condemnation cases, the primary expense
is for expert witness fees. In order to present a case properly, a landowner
normally has to employ one or more expert real estate appraisers to
testify as to the value of the property. Certified real estate appraisers
normally charge by the hour for the time spent in conducting the appraisal,
as well as for the time spent testifying in court. Our policy is to
obtain an estimate from the appraiser in advance as to the anticipated
expense. Depending upon the amount of land taken and the difficulty
in obtaining information on comparable sales, each appraisal (it may
be necessary to get more than one - DOT often has two or three) may
cost anywhere from $250.00 to several thousand dollars.
Other costs may include exhibits; subpoenas ($5.00 each); and depositions
which are infrequently done in these cases. It is our policy to request
client approval of any expenses in excess of $100.00. Normally, costs
other than expert witness fees will not be more than a few hundred dollars
at most.
|
| 15. Will any of the costs of the case be reimbursed? |
If you win your case, that is, the jury awards you more than the written
offer that was made, the judge will usually order D.O.T. to reimburse
you for most, if not all, of the court costs. These costs will include
the subpoenas, depositions used at trial, and expert witness fees.
|
| 16. What are your fees? |
Our attorney fees are contingent upon success in the case. Our fee
is one-third (1/3) of any and all amounts recovered above the sum paid
by the Department of Transportation into the Clerk of Court's office
when the lawsuit is filed. In the event of an appeal by either party
(only a very small percentage of cases are appealed), there will be
an additional reasonable attorney fee due to the time and effort required.
If the landowner does not recover more than D.O.T. has paid into the
Clerk's office, there is no attorney fee whatsoever.
|
| 17. What are your fees if they make a verbal offer? |
Our fees are based upon the written appraisal and offer made by D.O.T.
This is normally the same amount which is paid into the office of the
Clerk of Court. Under North Carolina law, an offer to purchase real
estate is not valid and binding unless it is made in writing.
|
| 18. How much do I get for buildings or other improvements on my land? |
You will be given an option to retain any buildings or other improvements located on your land. You may purchase the buildings or improvements at the appraised retention value set by DOT and move the buildings to another location of your choice. Otherwise, they are valued in the total compensation for your land.
|
| 19. What do I get for property that is not accessible anymore? |
If you are left with a piece of property that has little or no value, the State will offer to acquire the uneconomic remnant along with the portion of the property they actually do need for the project. If you do not sell it to them, you are entitled to a fair market value for its loss.
|
| 20. What if I have other questions? |
If you have additional questions, please feel free to contact us and we will be happy to answer your questions. Our toll-free number is (877) CONDEMN.
|