Cranfill Sumner & Hartzog

So You Thought You Really Owned All Your Property?


Owning your own property has as one of its advantages, the right to do whatever you want on your land. After all, it is all your property, right? Well, that is not exactly true. It is true that according to the deed, you do own all of your property. However, there is a slight problem if the government decides it needssome of that property for public use. The right of a government to stake a claim to a part of your property is known eminent domain. How does one technically and legally define eminent domain?

Legally, eminent domain is defined as that power authorizing a state (or Commonwealth), a municipality, corporation or private entity to take control of a part of your land for public use, after you have been given reasonable compensation for that portion. In other words, if the government decides it needs to put a freeway that is going to run through a specific portion of your property, it has a right to require you to give it up, as long as they offer reasonable payment.



This law, although it may seem unfair, is far from new. Eminent domain in America came from across the Atlantic, and the practice remained and was adopted. The government's idea of keeping eminent domain was with the intent of "furthering progress." This furthering of progress varies from state to state and locality to locality. For example, eminent domain NC may vary significantly on what you may be offered as just compensation than eminent domain in New York. The problem arises when what the government or other entity considers a just compensation is converse of what the homeowner deems the same.

This is where you will want to hire the services of an attorney experienced in these matters. You will want to secure an attorney who will help you to understand and protect your rights as a homeowner. CSH Eminent Domain is a group of attorneys in North Carolina who can help you navigate through all the issues if the question of eminent domain should arise. To get more information, visit their website, eminent domain attorney.