Although you may technically own the property where you live or land that you hold as an investment, it is always vulnerable to claims in the future that could force you to sell your real property. The concept of eminent domain makes many property owners uncomfortable, and rightfully so.
The idea that the government can simply force you to sell your property when you don’t want to seems patently unfair to most people. Thankfully, the average homeowner in North Carolina will never have to worry about eminent domain. The condemnation of a property to force its sale for a public use project is relatively rare.
Of course, those who own real property near major roads or even in rural areas may eventually field requests to sell their property for a large-scale project. Road expansions, utilities projects and new highways are among the many kinds of scenarios that might lead to an imminent domain claim against your real property. How do you fight back against the condemnation of your property in an eminent domain situation?
Prove that your land isn’t necessary for the project
One of the more common ways that property owners avoid the forced sale of their land or home is to review the project plans and demonstrate that their property is not necessary for the project.
For example, perhaps the company wants to use just the very boundary of your property, and they could seek your neighbor’s land instead. In a situation where you can show that your land’s inclusion in the project isn’t necessary, you could protect your property from condemnation.
Challenge the amount offered for the property
Condemnation of real property must include appropriate fair market compensation for the affected property owner. You could fight against the condemnation of your property by showing that the amount offered to purchase it was inappropriately low and would lead to unfair financial losses. The more you have invested in the property, the more reason you may have to challenge a low purchase offer.
As with any contested real estate matter, condemnation proceedings and eminent domain claims are often very complex matters that require extensive support if a homeowner wants to achieve success. Learning more about the real estate laws that apply in North Carolina eminent domain situations will help property owners protect their investments.