The right that the government has to take over private land for public use is known as eminent domain in North Carolina and throughout the United States. There isn’t a law that establishes this right, but it does exist simply by the nature of the sovereignty of government. So, the government can take your home or any other land/property if it is necessary for public use.
What Qualifies?
Public use is anything that benefits the public, not just an individual or company. Examples of this are roads, bridges, parks, etc. Anything that the public can use. A project doesn’t have to be used by the people to qualify for public use, though. One example would be using the property for high-voltage electric wires. While it is benefiting the public, it is not directly used by them.
Fair Compensation
In order for the government to be able to take property under eminent domain, it has to give “just compensation” to the landowner. Whatever the fair market value of the property is, the government needs to pay. In order to determine the price, the government will hire an appraiser to come and appraise the property. The only way to ensure that you receive fair compensation for your North Carolina Property is to hire a North Carolina eminent domain attorney.
Your Eminent Domain Options
When facing eminent domain in North Carolina, you have the option to either accept the offer or fight it. If you choose to fight it, you claim that the use of the government taking the land does not fall under the definition of “public use” or you can object to the amount being offered as compensation. When fighting eminent domain in North Carolina, you will be far more successful with a professional on your side who knows the laws, and rules, and specializes in these cases.
