Eminent domain and land condemnation refer to different aspects of the same process, but they are not one in the same. Eminent domain is the power to take private land and convert it to public use. Correspondingly, land condemnation is the process by which the government expropriates the land.
Eminent Domain
Eminent domain is the power granted by state and federal law to government agencies and other specified public and private developers to take a person’s private property and convert it to public use.
However, under the United States Constitution, federal agencies may not take private property for public use without “just compensation” (Fifth Amendment), and states may not “deprive any person of life, liberty or property, without due process of law” (Fourteenth Amendment).
Land Condemnation
Land condemnation allows the government or authorized agency to declare the need for public use of the property. They will also appraise the property to determine “just compensation”, and begin building on the property or convert it to public use. For example, widening a road or an interstate.
Just compensation in a total taking scenario is simply the value of your entire property. Furthermore, just compensation in a partial taking scenario could mean calculating the different between your previous and updated property values.
Raleigh, N.C. Eminent Domain Attorneys
Consulting a Raleigh eminent domain attorney as quickly as possible can help you protect your constitutional rights. An attorney can help identify the value of your property so you receive adequate compensation.
Contact Maginnis Howard’s eminent domain attorneys if you feel as if you have been appropriated against by the law. You can reach our attorneys by phone at (919) 526-0450, by email at info@carolionalaw.com or through our contact page.
