What is the standard of review for an eminent domain case?

In North Carolina, the standard of review for an eminent domain case is de novo review. This means that an appellate court reviews the case anew, independent of any decisions made at the lower court levels. The appellate court looks at the evidence and arguments presented by the parties before it and then makes a decision based on the facts of the case. The standard of review in an eminent domain case in North Carolina is set by statute and is a two-pronged approach. The first prong of review considers if the condemnor has met all the legal requirements for eminent domain. This includes the necessity of the project, that the condemnor has just compensation available for the owner of the property, and that the condemnor has taken the necessary steps to file a lawsuit to condemn. The second prong of review considers if the condemnor offered the owner of the property a fair market value for their property and if the amount paid was in the public’s interest. This involves evaluating the evidence presented by the condemnor and the owner of the property, including any expert reports, appraisals, and other similar documents. The court ultimately decides whether the property owner was offered a fair price and if it is in the public’s best interests. In North Carolina, this two-pronged de novo review is the standard for an eminent domain case, and the court looks at all the evidence and arguments before it in order to determine the best outcome for all parties involved.

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What is the standard of review for an eminent domain case?

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