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Land Condemnation & Eminent Domain

Harkey Lambeth & Gunter represents landowners in the recovery of all damages to which they are entitled when a “taking” of their land is done by any governmental authority.

The Fifth Amendment to the Constitution of the United States provides that, “..nor shall private property be taken for public use without just compensation”.. This provision authorizes the taking of private property as long as it is for a “public use”. This authorization is clearly defined. However, the issue of “just compensation” to be paid to the landowner is not clearly defined. Our laws and court decisions provide for complex methods of evaluation of the land or property rights “taken” by the government or privately authorized condemnors. The condemning authority will often make an “offer” of the government's opinion on the value of your property. Frequently, the landowner can develop and present a more favorable opinion of that value.

In North Carolina, it is the landowner that is charged with the burden of proof in presenting the case for the “just compensation” to which they believe they are entitled. For the last 60 years, our firm has represented landowners exclusively in securing the appropriate amount of “just compensation” that should be paid to landowners for the property that has been involuntarily taken from them.


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