NCDOT LAND ACQUISITION

WHAT YOU NEED TO KNOW

Acquisition of right of way is the process of obtaining your real property for a public purpose by either purchase or condemnation.  It is standard operating procedure for the government to attempt a negotiated purchase of your property without having to file a condemnation proceeding.  Indeed, this is the preferred method of acquisition because it saves the government money. 

The first step in the process is the meeting with the Right of Way Agent to explain the scope of the project and how that project impacts your property.  If the parties cannot agree on the amount of just compensation, the government will file a condemnation proceeding in state court.  Once the case is filed, the government (NCDOT) will become the actual owner of the property by virtue of the quick take procedures found in Chapter 136 of the North Carolina General Statutes.

Along with the formal condemnation filing, the government will deposit with the court the amount initially determined to be just compensation.  The initial deposit is your money and we can assist you in securing a disbursement of those funds.  In order to determine whether you are owed additional compensation, we recommend that you consult with an attorney who specializes in the area of eminent domain.  The lawyers at Carolina Eminent Domain will provide you with an honest evaluation of your case at no charge.  Our job is to make sure you receive all compensation to which your are entitled under the law.  If, after the initial compensation, you decide to hire us, we will represent you on a contingency fee basis – meaning we will only earn a fee if we obtain compensation in excess of the amount offered or deposited by the government.  Please feel free to contact us at 919-459-2192 or by completing a contact form.

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