MEASURE OF DAMAGES

The measure of damages for an eminent domain case is the amount of just compensation you are entitled to receive by law.  In order to ensure you receive maximum compensation under the law, we recommend that you consult with an eminent domain lawyer.  Once you accept the government’s offer, the eminent domain case is over and it is unlikely you will receive additional compensation for your property.  It is important to understand that you may be entitled to more money than the government is offering.

Under North Carolina law, the measure of damages is set forth in N.C.G.S. § 136-112:

§ 136-112. Measure of damages.
The following shall be the measure of damages to be followed by the commissioners, jury or judge who determines the issue of damages:
(1) Where only a part of a tract is taken, the measure of damages for said taking shall be the difference between the fair market value of the entire tract immediately prior to said taking and the fair market value of the remainder immediately after said taking, with consideration being given to any special or general benefits resulting from the utilization of the part taken for highway purposes.
(2) Where the entire tract is taken the measure of damages for said taking shall be the fair market value of the property at the time of taking.

Under the appraisal process, the government will place a value on the following items:

1. The value of any right of way being acquired (property taken for the road project);
2. The value of any permanent easements being acquired;
3. The value of any temporary easements being acquired (e.g. temporary construction easement);
4. The value of any improvements being acquired (e.g. buildings, parking lot, storage tanks); and
5. The amount of damages to the remainder of the property.

Contact us if you have any questions or would like a complementary review of the government’s offer.

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