How can I challenge the amount of compensation I am offered?
To challenge the amount of compensation you are offered for your property in North Carolina, you must first identify if your property is being taken through a condemnation or a negotiated agreement. If it is a condemnation, you must first file a claim of just compensation with the condemnor’s attorney. If the attorney denies your claim, you may disqualify the appraisers who estimated the impacts and the compensation. In that case, the court would appoint a new three-person panel of appraisers to review the case. If the second panel also rejects your claim, you may move for a jury trial to determine the value of the just compensation for the property. If the taking of your property is through a negotiated agreement, you may appeal to the Governor’s Office or the appropriate county or municipal office to review the offer made to you. The review board will consider the information you submit and make a decision. If the review board’s decision is not satisfactory, you may request an administrative hearing. During the hearing, you must demonstrate to the hearing officer that the amount of compensation you were offered is not adequate or reasonable. If the administrative hearing officer agrees with your argument, the hearing officer will order that the amount of compensation be adjusted to a just level. Finally, if the compensation is still not satisfactory, you may challenge it in the state court system. To do this, you must file an action against the state and present your case to the court. The court will review the evidence and make a determination. The court’s decision is legally binding and can be enforced by the state.
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