Eminent Domain, Government Taking, Condemnation

In North Carolina, condemnation refers to the legal process through which a government entity or certain authorized private entities acquire private property for public use. This process is often referred to as eminent domain. The government, or a private entity with delegated authority, has the power to take ownership of private property even if the property owner is unwilling to sell.

The Fifth Amendment of the United States Constitution and Article I, Section 19 of the North Carolina Constitution both require that when private property is taken for public use, the property owner must receive just compensation. Just compensation is intended to provide the property owner with fair and reasonable financial remuneration for the property being taken.

Common instances of condemnation in North Carolina include the acquisition of land for public infrastructure projects such as highways, bridges, schools, or utilities. The condemning authority, often a government agency or a body with the power of eminent domain, must follow specific legal procedures throughout the condemnation process to ensure the property owner's rights are protected.

It's important for property owners facing condemnation to understand their rights, including the right to challenge the condemnation action and the right to receive just compensation for the property taken. Seeking legal counsel from an attorney experienced in North Carolina condemnation law is advisable for property owners involved in eminent domain cases.