Hendrick Bryant’s statewide eminent domain and land use practice focuses on representing property owners who have land and rights taken by State (NCDOT), utilities (sewer, gas and electric lines), and local governments. We also dealing with zoning issues at the local level. From roadway projects, gas line construction, power line easements, zoning to municipal infrastructure projects, the firm has dealt with all manner of takings and properties. The firm has significant experience in state and federal civil and state courts, with several landmark cases – KIRBY v. NCDOT being the most notable as that case has resulted in North Carolina paying over $300,000,000 to the firm’s clients. The firm has over a dozen successful land use appeals in North Carolina appellate courts, with multiple successes at the North Carolina Supreme Court.
Commercial Transactions & Litigation
The core of the firm’s practice has its roots in over 40 years of representing business owners, their business interests and litigation. The firm routinely advises its business clients on management, ownership, shareholder and employment issues. From commercial financing, mergers and acquisitions, ownership disputes and litigation, the firm has decades of experience. The firm has successfully defended numerous business contracts in court and on appeal, with several multi-million dollar verdicts and awards.
The firm has a vibrant, three decades long sports law practice representing national sports associations throughout the United States and Canada. The firm has authored and administers league bylaws that provide a proven governance structure which has allowed existing and new sports leagues to operate, expand, and prosper. The firm provides counsel to league executive management on a variety of matters including the administration and enforcement of governing documents, labor relations, disciplinary matters, and contract negotiations. We provide counsel on ownership, transfer and control issues, trademarks, and other intellectual property rights related to the leagues’ operations.
Why can’t I negotiate my own settlement when the government condemns my property?The government is required to engage in negotiations with the owner (or the owner’s attorney) but there is often more damage being done to the value of the owner’s property than one my understand. The government actually prefers you not get legal representation, which means you are well served to consult an attorney. It is wise to be fully informed and deliberate in your dealings with the government and having counsel is usually part of that.
The condemnation is only taking a small area or just an easement, so why should I not accept the government’s offer?A condemnation taking may only take a small area or an easement but even a small taking can cause significant damage to the property. Access, parking, function and turning may damage the future value for a buyer which the owner should get just compensation.
Can the government really condemn my property using eminent domain?Yes, our laws give state and local government agencies the right to condemn property for public purposes (highways, schools, parks, power and gas utility lines) BUT the government must pay just compensation for using its eminent domain power.
The government’s offer is unacceptable to me, what can I do?You are not required to accept the government’s offer of just compensation for a condemnation. You have a constitutional right to obtain just compensation by proofing your damages to a jury.