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Red and White surveyor's equipment set up on a construction site

They Are Taking Our Common Area!

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 utility company, to take private property for a public purpose.  The …

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Magnifying glass focusing on houses cut out of paper

Pre-Closing Due Diligence with Commercial Real Estate Helps Avoid Post-Closing Remorse

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, with parking and a view, and you've finally found it.  Mission accomplished, right?…

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A face covered with green camouflage facepaint

Real Property: More Than Meets the Eye

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 physical characteristics are other important factors.  Nonetheless, ther…

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Dollar bill in brown dirt

N.C. Supreme Court Holds Real Estate Brokers May Testify on the Issue of Fair Market Value

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 in North Carolina Department of Transportation v. Mission Battl…

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A large construction caution sign for drivers prominently displayed on a construction site

NC Department of Transportation Condemnation: What Do They Mean By Permanent Utility Easement?

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 will often take various easements, including Permanent Utility Ea…

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Highway construction with cars, trucks, and equipment

Just Compensation for Contaminated Land

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" for the property.  In North Caroli…

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A surveyor's stake with a red flag in a plot of cleared land

TAKEN! Historic Eminent Domain Decision: NCDOT Must Pay When it Files a Transportation Corridor Protection Map

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 v. North Carolina Department of Transportation. The North Carolina Supreme Court unanimou…

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business man playing jenga with a toy house on the top of the puzzle

Eminent Domain 101

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.  The power of eminent domain may be exercised by federal, state, and lo…

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Newly constructed house frame with red trash bin in front

Supreme Court of North Carolina Recognizes Compensable Right in Approved Subdivision Development Plan

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 public use.  Constitutional protections require …

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Orange construction cones and construction tape surround a lot

Transportation Corridor Protection Maps—A New Basis for Inverse Condemnation Claims in North Carolina

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 Carolina Eminent Domain Law  Through the power …

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