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Attorney Marianna Baggett McMurry Elected Secretary of NCAJ’s Eminent Domain Section

May 5, 2025

Attorney Marianna Baggett McMurry has been elected to serve as Secretary of the Eminent Domain Section of the North Carolina Advocates for Justice (NCAJ),…
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52 Ward and Smith Attorneys Recognized by Best Lawyers in America® for 2024

August 17, 2023

Ward and Smith proudly celebrates an incredible achievement—over half of our esteemed attorneys have gained recognition from one of the nation’s most respected legal…
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Media Mention: Eric Remington Secures $3.1M Settlement in Eminent Domain Case

March 16, 2021

Attorney Eric Remington has secured a $3.1 million settlement for a local developer at the center of an eminent domain claim against the North…
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Media Mention: Ward and Smith Attorneys Settle Pender County Map Act Case for $17.5M

February 23, 2021

Ward and Smith attorneys secured a $17.5 million settlement for a North Carolina developer at odds with the North Carolina Department of Transportation (DOT).…
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They Are Taking Our Common Area!

February 8, 2019

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Written By Ryal W. Tayloe and Allen N. Trask, III
The power of eminent domain, also referred to as condemnation, refers to the power of the government or other quasi-governmental entity, such as a…
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Pre-Closing Due Diligence with Commercial Real Estate Helps Avoid Post-Closing Remorse

July 25, 2018

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Written By Joanne H. Badr
Your business has taken off, and you’ve been searching for that perfect 7,500 square foot building on an acre of land close to town,…
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Real Property: More Than Meets the Eye

May 30, 2018

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Written By Samuel B. Franck
Each parcel of real property is a unique asset. It is typically well understood that location is paramount, and that size, elevation, and other…
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N.C. Supreme Court Holds Real Estate Brokers May Testify on the Issue of Fair Market Value

March 13, 2018

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Written By Allen N. Trask, III
In a recent opinion, the North Carolina Supreme Court expanded the possibilities of allowable testimony about a property’s fair market value. In its decision…
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NC Department of Transportation Condemnation: What Do They Mean By Permanent Utility Easement?

January 15, 2018

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Written By Ryal W. Tayloe
When the North Carolina Department of Transportation (“DOT”) exercises its power of eminent domain, in addition to taking private property in fee simple, it…
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Just Compensation for Contaminated Land

November 14, 2016

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Written By Eric J. Remington
When a government agency or private party involuntarily takes your property (a proceeding called eminent domain or condemnation), you are entitled to receive “just compensation”…
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TAKEN! Historic Eminent Domain Decision: NCDOT Must Pay When it Files a Transportation Corridor Protection Map

June 16, 2016

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Written By Ryal W. Tayloe and Jeremy M. Wilson
On June 10, 2016 the North Carolina Supreme Court affirmed the decision of the North Carolina Court of Appeals in the case of Kirby…
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Eminent Domain 101

November 10, 2015

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Written By Eric J. Remington
The power of eminent domain, also referred to as condemnation, is the power to involuntary take a person’s private property for a public purpose. …
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Supreme Court of North Carolina Recognizes Compensable Right in Approved Subdivision Development Plan

June 25, 2015

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Written By Jason T. Strickland
Introduction The power of eminent domain, or “condemnation,” is the power of the government and certain regulated public utilities to take private property for…
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Transportation Corridor Protection Maps—A New Basis for Inverse Condemnation Claims in North Carolina

March 31, 2015

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Written By Ryal W. Tayloe and Jeremy M. Wilson
A recent North Carolina Court of Appeals decision gives protection to all landowners subject to a North Carolina Department of Transportation Corridor Map.  North…
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Transportation Corridor Protection Maps—Has Your Land Been Taken?

March 11, 2015

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Written By Ryal W. Tayloe
When a corridor protection map was filed in 2005 for the extension of Military Cutoff Road in New Hanover County in accordance with the…

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