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When the appraiser and/or right-of-way agent visits your property, he or she will attempt to engage in seemingly friendly conversation about the value of your property. Keep your guard up. They are fishing for information.

Do not tell them what you think the value of your property is. This admission can be used against you if you try to get more for your property later. When your property is taken under a right of eminent domain, you are allowed to make assumptions about the highest and best use of the property when valuing it. This can lead to farmland being worth much more than you think if it is suitable for residential or commercial development. It is best to keep any comments on value very general – it is worth a lot!

Many people feel compelled to settle quickly with an entity that is taking their property. This usually happens for one of three reasons:

1. They feel that they do not have the power to fight the government or a large private corporation for more money.
2. They feel that they need the money quickly in order to finance their purchase of a new home or for other expenses.
3. They don’t feel that they can afford to hire an attorney to help.

However, none of these issues should prevent you from seeking more money.

First, the Constitution guarantees your right to fair compensation when the government or any other entity takes your property. Fair compensation is not just what the other side says it is. You have the right to take the other side to court and let a jury of your peers decide how much you should be paid as fair compensation for your property. However, considering this right can lead to roadblocks number 2 and 3 above.

Fortunately, if you decide to fight the other side in court to get more money for your property, you can get access to the amount of money that they say your property is worth immediately. Once settlement negotiations break down, the entity taking your property will file suit to condemn and take your property. At that time, depending on who is taking your property, title to your property may immediately transfer to the party condemning the property. However, simultaneously the other side has to deposit with the Clerk of Court the amount they believe your property is worth. You can immediately withdraw those funds from the Clerk of Court and use them to help you relocate or pay expenses, while fighting to get more from the other side.

Finally, you may feel that you cannot afford to pay an attorney out-of-pocket to represent you. While each attorney works on a different fee structure, Young Moore eminent domain attorneys do not require you to pay an hourly rate out-of-pocket. Instead, we will be paid a percentage of the final amount that we are able to recover for you, assuming it exceeds the amount of your initial offer.

Can an eminent domain attorney really help you get more money for your property? The simple answer is “yes”. In 2015, the North Carolina General Assembly asked this exact question. They studied case results and found that landowners who hired attorneys and let a jury decide what their property was worth received well over double what the government agencies initially offered them.

One reason for this is that the agency’s initial offer is based on the valuation of an appraiser they hired. While the appraiser isn’t technically employed by the government, they get a lot of work from them and, as a result, want to return a valuation number that the agency is happy with. An eminent domain attorney will hire a qualified independent appraiser for the landowner who will properly pursue all of the available avenues to maximize the value of your property. Selection of this appraiser is critical to maximize your recovery. The appraiser must be familiar with the eminent domain process, as there are assumptions that can be made that are different from a traditional real estate valuation. Selecting the right appraiser is the first of many ways that an eminent domain attorney can add real value to your property.

As with most legal matters, there are deadlines that must be met or you can lose your right to seek additional compensation from the entity taking your property. With certain eminent domain claims, such as Map Act claims, the governing law is constantly changing, often to the disadvantage of property owners. As a result, it is important to contact an eminent domain attorney early on. If you have been made aware that your property could be impacted by a government project or other taking by a private entity, give us a call. The conversation is free to find out if we can help.