Condemnation & Eminent Domain
Young Moore and Henderson has a robust condemnation and eminent domain practice. Led by attorney Michael S. Rainey, the team represents landowners, business owners, and commercial developers facing takings of their land through condemnation or other related claims. Through years of experience, the firm is proficient in handling a variety of real estate litigation matters including the resolution of real estate disputes involving condemnation, inverse condemnation (including Map Act claims), restrictive covenants, partition proceedings, eviction proceedings, zoning and land use. We have successfully resolved condemnation cases involving municipalities, private entities such as energy providers, and the North Carolina Department of Transportation in highway projects, with our clients often obtaining sums well in excess of the initial deposit. Our condemnation and eminent domain attorneys take a proactive approach to condemnation cases, engaging as early as possible with clients and retaining necessary experts, such as appraisers and engineers, to ensure that our clients receive the full value they are entitled to for the taking and damage to their land.
Representative cases include takings for highway projects, including Map Act claims, gas pipelines, and water lines. We are proficient in handling total and partial takings, relocation claims for owners or lease holders, inverse condemnation claims, and Map Act claims. Examples of current cases our condemnation attorneys are handling include:
- Condemnation and Map Act claims arising out of the NCDOT’s Southern Wake Expressway Project;
- Condemnation claims arising out of the NCDOT’s widening projects on I-40 in Johnston County and I-95 in Harnett County;
- Condemnation claims arising out of the City of Raleigh’s Brentwood Estates Sewer Improvements Project;
- Condemnation and inverse condemnation claims arising out of the Town of Cary’s Raw Water Transmission Parallel Pipeline Project in Chatham County; and
- Condemnation claims arising out of energy projects in Cumberland County.
Our condemnation attorneys are ready, willing, and able to assist you in fighting to protect your property rights and obtain fair compensation for the taking of your property. Whether cases are resolved by settlement agreement or through trial, our attorneys are skilled and proficient in assisting landowners who are in the unfortunate position of being involved in a condemnation or other related dispute.
*Cases listed represent a sampling of the types of matters handled by the firm and may not include all results. Case results depend upon a variety of factors unique to each case. Prior results do not guarantee a similar outcome.
Upcoming Projects
U.S. 70 Kinston Bypass
The North Carolina Department of Transportation recently announced the preferred route for the U.S. 70 Kinston Bypass. This 22 mile bypass will run from the N.C. 903/ U.S. 70 interchange in La Grange to U.S. 70 east of Dover. For more information, please contact Michael Rainey at Michael.Rainey@youngmoorelaw.com or (919) 919-861-5022.
Visit our project page at www.youngmoorelaw.com/kinston-bypass-project
Southeast Extension of the 540 Triangle Expressway in Southern Wake County
This project project will extend the Triangle Expressway from the N.C. 55 Bypass in Apex to U.S. 64/U.S. 264 (I-87) in Knightdale, completing the 540 Outer Loop around the greater Raleigh area and linking Apex, Cary, Clayton, Garner, Fuquay-Varina, Holly Springs and Raleigh. Importantly, property owners impacted by this project also have claims under the now abolished Map Act. The Map Act was a statutory scheme whereby the NCDOT essentially froze the property rights of owners in the late 1990s by filing maps of the proposed roadway routes. North Carolina’s Supreme Court has held this was an unconstitutional taking of property, by way of inverse condemnation, for which the affected property owners are entitled to compensation. Our Condemnation & Eminent Domain attorneys are currently litigating several Map Act claims arising out of this project, and we are happy to discuss how your property in Southern Wake County may be impacted by the Southeast Extension of the 540 Triangle Expressway and the important rights that you have as a result. For more information, contact Michael Rainey at Michael.Rainey@youngmoorelaw.com or (919) 919-861-5022.
Visit our project page at Southeast Extension of 540 Triangle Expressway Project (Southern Wake County)
