Sigmon, Clark, Mackie, Hanvey & Ferrell, P.A.Hickory Family Law Attorneys | Business Lawyers | Eminent Domain2026-06-19T13:34:09Zhttps://www.sigmonclark.com/feed/atom/WordPress/wp-content/uploads/sites/1302326/2021/07/cropped-512x512-1-32x32.jpgOn Behalf of Sigmon, Clark, Mackie, Hanvey & Ferrell, P.A.<![CDATA[Will generations of ownership protect your land?]]>https://www.sigmonclark.com/?p=474882026-06-19T13:34:09Z2026-06-19T13:34:09ZWhat rights do you have during eminent domain?
The government cannot simply take your property without following legal requirements. During the condemnation process, you have several rights, including the right to:
Receive notice of the proposed taking
Learn the stated purpose of the project
Determine whether the government followed legal procedures
Seek compensation for the property involved
Obtain legal representation during the proceedings
These rights allow you to take part in the process and understand what the proposed taking could mean for your property.
Can you fight an eminent domain action?
State law allows property owners to challenge certain aspects of a condemnation action. The facts of your situation and the type of project can affect whether a challenge is available.
You may question whether the project serves a public purpose. In some cases, disputes also arise over whether the government followed required procedures or whether it needs to take the amount of property identified in the condemnation action.
Why compensation is not always straightforward
The value of your land may extend beyond its purchase price. Your property may support farming operations, provide access to a business or represent a family legacy that spans generations.
Compensation issues can involve more than the value of the land being taken. The amount in dispute may include the following factors:
Loss of access to your remaining property
Limits on future uses of your property
Effects on your business or farming operation
Reduced value of the property you keep
For some landowners, these effects carry financial consequences that reach beyond the portion of land included in the taking.
Protecting your rights and your family's legacy
Owning property that has been in your family for generations does not automatically prevent eminent domain. At the same time, your family's history with the land does not erase the rights you have during a condemnation action.
The condemnation process can raise questions about why the government wants your property, how much land it seeks to take and how the taking could affect the property that remains in your ownership. For many landowners, these questions involve both financial concerns and the desire to preserve a family's long connection to the land.]]>On Behalf of Sigmon, Clark, Mackie, Hanvey & Ferrell, P.A.<![CDATA[How to determine just compensation in an eminent domain case?]]>https://www.sigmonclark.com/?p=474852026-03-26T18:01:14Z2026-03-26T18:01:14ZImagine receiving a letter saying the government wants to acquire your land. You never planned to sell, but now you have no choice. You might ask: Is this offer fair? Am I getting what my property is truly worth? You are not alone. Many North Carolina homeowners face this exact situation and the confusion can feel overwhelming.
What is an eminent domain?
Eminent domain is a government power that allows authorities to claim privately owned land for public needs. It allows government bodies at every level (local, state and federal) to serve the greater public through projects like highways, utility lines or public facilities. However, the law requires the government to pay you just compensation. Hence, understanding what that means is your first step toward protecting what you own.
Five components of just compensation
Now that you know what eminent domain is, the next step is understanding what the government owes you. Just compensation is not just a single number, it usually includes multiple elements depending on your situation.Here are the five key components that may make up your total compensation:
Fair market value: This is the price a willing buyer would pay a willing seller on the open market, based on your property's highest and best use.
Severance damages: If the government takes only part of your property, you may receive compensation for the drop in value of what remains.
Relocation assistance: You may qualify for help covering moving costs or business re-establishment expenses.
Interest: In some cases, you receive interest on the compensation amount from the date the government takes possession until you receive full payment.
Loss of business goodwill: Some jurisdictions allow compensation if the taking destroys your business's reputation or customer base.
Each component can significantly affect the total value of your settlement. But before you accept any offer, you need to know a few more key facts.
Key facts to know before you accept
Learning the rules around just compensation is just as important. Keep these points in mind before you agree to anything:
No compensation for distress: The government does not compensate for sentimental value, loss of business profits or emotional distress.
Appraisals matter: Government appraisals do not always reflect your property's true market value and you have the right to obtain your own independent appraisal.
Partial takings have added costs: If the government takes only part of your property, compensation should cover the land it acquires and any damage to the value of what you keep.
These facts can make a real difference in the outcome of your case.
Your property’s value deserves a closer look
Eminent domain gives the government the ability to claim privately owned property when a public project requires it, but that does not mean you have to accept the first offer you receive. You have rights and those rights exist to protect the true value of what you own. Take time to understand your compensation, question appraisals and explore all your options. When the stakes are this high, the right guidance can make all the difference.]]>On Behalf of Sigmon, Clark, Mackie, Hanvey & Ferrell, P.A.<![CDATA[What property is separate when spouses divorce?]]>https://www.sigmonclark.com/?p=474832025-12-31T17:19:50Z2025-12-31T17:19:50ZMany of the disputes during modern divorces are financial in nature. Spouses who end their marriages have to separate their finances, and that process is often fraught with conflict.
Equitable distribution statutes leave much to the interpretation of the people negotiating the settlement or the judge reviewing a litigated property division case. Spouses may find themselves fighting over how to value their assets or the most appropriate way to divide them. Occasionally, spouses may even end up fighting over what assets are marital and subject to division. Some property may be separate, which means that spouses do not technically need to include those resources in the pool of marital property. What assets can people generally protect from division when they divorce?
1. Property owned before marriage
State statutes clearly identify resources owned before marriage as separate property. Provided that spouses keep those resources separate from the marital estate, they do not necessarily need to divide them when they divorce. In fact, spouses can even retain any appreciation in value that occurred during the marriage. They can usually also retain assets they may have acquired during the marriage by liquidating their separate property and using that capital to make new purchases.
2. Gifts and inherited resources
When other people give assets to either spouse, those resources remain the separate property of the recipient spouse when they divorce. There are a few exceptions to this rule. Gifts made from one spouse to the other may technically be part of the marital estate unless there is a written agreement stating otherwise. Additionally, if spouses commingle gifts and inheritances with the marital estate, they may leave those resources vulnerable to division when they divorce.
3. Assets protected by a contract
Marital contracts are increasingly common. Many couples now begin their marriages with prenuptial agreements. Already-married couples may negotiate postnuptial agreements when their financial circumstances change or they notice a shift in their marital relationships. The assets specifically designated as separate in prenuptial or postnuptial agreements typically are not at risk of division when spouses divorce. Identifying separate property is an important component of the property division process when people divorce. Separate assets can serve as the foundation for rebuilding financially after a divorce.]]>On Behalf of Sigmon, Clark, Mackie, Hanvey & Ferrell, P.A.<![CDATA[Fighting condemnation of a home or business? Stay off social media]]>https://www.sigmonclark.com/?p=474812025-10-07T02:55:03Z2025-10-07T02:55:03ZWhen a government agency moves to condemn a home or business through eminent domain, an affected property owner is inevitably thrust into a complicated and emotional legal battle, unless they choose not to contest the terms of the situation in the slightest.
It is important for property owners to understand that, in these high-stakes situations, every statement made—public or private—can result in negative consequences that may impact a strong defense of their ownership. While it may be tempting to post updates or vent frustrations online, staying off social media is one of the most important steps property owners can take to protect their interests.
Privacy often equals power in condemnation cases
Eminent domain proceedings often turn on nuanced details particular to a specific case, often involving property value, negotiations and public perception. Anything shared online can quickly become evidence for the other side. Posts expressing anger toward government officials, discussions about settlement offers or even photos of property conditions can be taken out of context and used to undermine a landowner’s credibility. What might seem like harmless sharing can be twisted to suggest inconsistency or exaggeration in later testimony.Social media also creates opportunities for misinterpretation. Comments about a property’s condition or an owner’s financial situation could influence how a government agency or opposing counsel frames its argument. For example, if a property owner posts about future business plans or a potential move, it could be used to suggest they are not truly harmed by the taking. Likewise, posting about repairs or upgrades could be used to challenge appraisals or valuation evidence.The safest course of action during any condemnation or eminent domain dispute is to avoid discussing one’s case publicly, both online and offline. Family and friends may mean well, but even their comments on shared posts can complicate matters. If updates need to be shared, they should come directly from an attorney representing the case, who understands the legal risks and obligations involved.]]>On Behalf of Sigmon, Clark, Mackie, Hanvey & Ferrell, P.A.<![CDATA[Setting up your co-parenting relationship for success]]>https://www.sigmonclark.com/?p=474792025-07-09T20:27:54Z2025-07-09T20:27:54ZSetting up your co-parenting relationship with your ex for success (ideally) starts long before you and your legal team finalize any legal agreements. It involves planning, realistic expectations and a focus on what is best for your children.
While every family’s dynamics are different, certain principles commonly help to build a strong foundation for effective co-parenting. A few of the most broadly helpful are introduced below.
Tips to consider carefully as you work to move forward in healthy ways
First, you’ll want to prioritize open and respectful communication as much as you can. Co-parenting requires regular discussions about your child’s needs, school progress, health care and emotional well-being. Proactively establishing a communication method that works for both of you is going to be important. Some parents prefer texting or co-parenting apps to keep conversations focused and reduce tension. Others find that scheduled phone calls or weekly check-ins are more effective. Choose an approach that encourages clarity and minimizes misunderstandings.Next, you’ll want to work with an experienced legal team to create a detailed and realistic parenting plan. A comprehensive plan will outline not only your family’s primary schedule but also holidays, birthdays, vacations and special events. Consider your work schedules, your child’s activities and potential logistical challenges to avoid future conflicts. The more clearly expectations are set out in writing, the fewer disputes you are likely to face later.Flexibility is another key to co-parenting success. Life is unpredictable. Children get sick, school schedules change and unexpected family obligations arise. While sticking to your parenting plan provides stability, being willing to accommodate reasonable changes fosters goodwill and demonstrates cooperation. This flexibility should go both ways, building trust and reducing resentment.With that said, you’ll want to set healthy boundaries when it comes to your co-parenting relationship. IF you and your ex don’t get along or otherwise experience frequent tension, keeping communication businesslike, especially in the early stages of your co-parenting relationship, can prevent emotional spillover from interfering with your parenting decisions.Successful co-parenting does not mean that you and your co-parent will agree on everything or maintain a close friendship. It means you’ll work together respectfully, keep your child’s wellbeing as your top priority and create a stable, loving environment across both homes. Although challenging, this is an achievable goal for most co-parents. ]]>On Behalf of Sigmon, Clark, Mackie, Hanvey & Ferrell, P.A.<![CDATA[Where does the government get its eminent domain powers?]]>https://www.sigmonclark.com/?p=474782025-04-13T22:22:15Z2025-04-13T22:22:15Ztake private property for public use without “just compensation."
SCOTUS rulings have further defined eminent domain
A number of U.S. Supreme Court (SCOTUS) decisions over the years have helped codify and clarify under what circumstances the government can take people’s land and property for some kind of public use and what rights property owners have to fight back or demand more compensation than they were offered.
Some of these decisions have helped lessen the chances of abuse of government power when it’s exercising its eminent domain or “condemnation” authority. Still, legal battles continue in North Carolina and throughout the country.
Eminent domain and “blight”
A key SCOTUS decision in 1954 (Berman v. Parker) introduced the concept of “blight” into eminent domain. The court ruled that the government could take land not just for public use but for “public purpose.” That includes taking land in an area determined to be “blighted” (dilapidated and neglected) and sell it to a private party to redevelop it.
A 2005 decision (Kelo v. City of New London) expanded on that. It allowed property to be transferred from one private owner to another for redevelopment that would benefit the public.
A word about “regulatory takings”
A number of plaintiffs in eminent domain cases involving what are known as “regulatory takings” have argued that they basically prevent them from benefitting economically from their land. Regulatory takings often involve the government taking land that it contends is being used in a way (or for a purpose) that’s determined to be environmentally unfriendly.
It’s crucial to know that owners of private property in the U.S. have due process rights that entitle them to get fair market value for any property taken under eminent domain authority.
It’s never easy for property owners to bring a legal action to protect their rights when the government at any level has asserted its eminent domain rights. That’s one why having experienced legal guidance is crucial under such circumstances.]]>On Behalf of Sigmon, Clark, Mackie, Hanvey & Ferrell, P.A.<![CDATA[Your soon-to-be ex could be hiding assets]]>https://www.sigmonclark.com/?p=474142025-01-14T21:37:11Z2025-01-14T21:37:11ZHow assets are commonly hidden
Your partner might open bank accounts unknown to you a few months before the divorce. Money can be funneled into these accounts through underhanded means, such as fake expenses or over-withdrawals from joint accounts.
Additionally, your partner might undervalue or commit real estate, collectibles or business assets during asset declarations. Your partner might prefer this strategy if they have a self-owned business where they can manipulate income and expenses.
Your spouse might also “gift” assets to friends or family members, intending to reclaim them after the divorce is finalized. These gifts could include cash, property or even valuable personal items.
If your spouse is employed, they may decide to postpone bonuses, commissions or other forms of compensation until after the divorce settlement. This tactic makes it appear as though they earn less than they truly do.
Red flags to watch out for
While some asset-hiding tactics are subtle, certain behaviors can raise suspicion. You should watch out for unusual financial activity from your soon-to-be ex, such as:
Sudden withdrawals
Unexplained transfers
Large expenses without clear justification
You should also be worried if your partner limits your access to financial accounts or documents. This could indicate they are hiding something. Furthermore, switching to a new financial advisor or accountant during a divorce can signal an attempt to manipulate records. Moreover, if your ex appears to live beyond their reported means, there’s a chance they have hidden income or assets.
Divorce is challenging enough without the added stress of financial dishonesty. Being informed about the tactics your soon-to-be ex-partner may use to hide assets can empower you to protect your financial future. By recognizing red flags and seeking hands-on legal guidance, you can help to better ensure a fair division of assets.]]>On Behalf of Sigmon, Clark, Mackie, Hanvey & Ferrell, P.A.<![CDATA[Questioning whether an eminent domain project is really for public use]]>https://www.sigmonclark.com/?p=474132024-10-14T16:31:16Z2024-10-14T16:31:16ZEminent domain laws allow parties completing projects for public benefit to force the sale of certain properties through condemnation.
Those who have acquired real property that may be subject to condemnation are often eager to find ways to fight that process when possible. Pushing back on the claim that a project is for public benefit is often a viable strategy.
Does the project benefit one person or business?
Many eminent domain projects involve government entities, but not all of them do. There have even been cases where shopping centers have tried to use eminent domain to force people to sell homes and farms for development. In a scenario where a particular investor or business stands to profit from the project as much as or more than the public, there may be reason to question the legality of leveraging eminent domain statutes.
Sometimes, corruption in local and state governments may lead to those in positions of authority approving eminent domain projects that should technically be private development projects. In those scenarios, affected property owners can potentially take legal action.
In some cases, they may band together. Other times, one property owner is the main holdout even though others may accept that they have to sell their real estate holdings. In such cases, the party facing the forced sale or condemnation of their property can take the matter to civil court and ask a judge to review the situation.
The judge may ultimately decide that the project is not for public benefit and therefore does not qualify as an eminent domain situation. Property owners can prevent the development from moving forward and may be able to preserve their interest in the property.
There are other viable strategies for responding to upcoming condemnation attempts. Property owners can sometimes propose alternate plans that allow them to preserve their property. Other times, they can counter the amount offered by establishing that it is not a reasonable representation of the current fair market value for the property.
Learning more about eminent domain laws can help people protect the real estate that they rely on for housing, business or investment purposes. Not every eminent domain project is truly beneficial for the public overall, and that may provide property owners with an opportunity to take legal action.]]>On Behalf of Sigmon, Clark, Mackie, Hanvey & Ferrell, P.A.<![CDATA[Parallel parenting can facilitate your connection with your kids]]>https://www.sigmonclark.com/?p=473932024-07-09T23:28:51Z2024-07-09T23:28:51ZParallel parenting can potentially be a viable strategy because it minimizes your communication with your ex and allows you to focus on providing a stable and loving environment for the children. This approach can help ensure that any residual anger or animosity you and your child’s other parent may have against each other does not impede effective parenting.
The essence of parallel parenting
The core principle of parallel parenting is to grant each parent the discretion to independently take care of the children during their respective custody periods. This parenting approach advocates for the following:
Minimal direct interaction between the parents
Clearly defined boundaries and responsibilities
Prioritizing the children’s well-being
It is one of the surefire ways to help you spend quality time with your children without interference or criticism from your co-parent. Furthermore, this structured approach helps create a predictable routine for the children, which is crucial for their sense of security and stability.
Key elements of parallel parenting
Respecting each other’s boundaries is the key to pulling off a successful parallel parenting system. You can rest easy knowing that your ex respects your time with the children and your preferred parenting style. You and your ex should avoid offering unsolicited advice and allow each party to build a unique relationship with the children without external pressures.
Suppose you are a high-conflict co-parents; you might want to include conflict management strategies in your parallel parenting plan. Tailored conflict resolution mechanisms can enable you to quickly address any disputes that may arise and keep your focus on the children’s needs.
Parallel parenting might be the solution you’re looking for if you are part of a divorced parenting team that struggles with a high-conflict relationship. By seeking appropriate legal guidance, you can keep your focus on the children’s well-being despite the differences you might still have post-divorce.]]>On Behalf of Sigmon, Clark, Mackie, Hanvey & Ferrell, P.A.<![CDATA[What are the 2 types of custody parents can potentially share after divorce?]]>https://www.sigmonclark.com/?p=473912024-04-21T22:07:39Z2024-04-21T22:07:39ZParents can potentially share legal and physical custody
Discussions about custody matters often focus primarily on physical custody. Physical custody has to do with the children's needs and spending time with them. Most parenting plans very clearly divide physical custody between the two adults in the family.
The parent with physical custody at any given moment is the one responsible for taking care of the children. If one child must come home from school because they have the flu, the parent with physical custody is the one who likely needs to leave work and pick them up from class. Shared physical custody is standard in most divorce cases, although judges may limit physical custody in cases where a parent has proven to be volatile or cannot provide a stable living environment for the children.
Legal custody refers to the authority that parents have over their children. Until a young adult is a legal adult, their parents make choices about the medical attention that they receive, the religious practices they follow and the education they undergo. Parents often have to share that authority along with parenting time.
Shared custody is standard
Most North Carolina divorce cases result in a judge dividing both physical and legal custody between the parents. The adults have a certain amount of time with the children and generally need to agree with one another about important parenting decisions. In some cases, one parent might have more time with the children and more say in any relevant decisions. Occasionally, either due to mutual agreement or unsafe circumstances, one parent may have sole custody.
Judges typically seek to establish custody orders that uphold the best interests of the children. Such arrangements typically entail keeping both parents actively involved. Those hoping for a ruling that deviates from shared custody expectations may need evidence supporting their claim that sole custody arrangements might be in the best interests of their children.
Learning more about North Carolina's custody laws may benefit parents who are worried about upcoming family law negotiations. Presenting their case in the right way can increase the likelihood of a positive outcome in the event of contested custody proceedings. Parents who understand the types of custody available can better develop their cases for negotiations or family court.]]>