What rights do I have when my land is taken by eminent domain?
When land in North Carolina is taken by eminent domain, property owners have certain rights. Eminent domain is the power of the government to take a person’s real estate for public use, such as building a highway or school. When eminent domain is used, the government must provide "just compensation” to the owner of the land. The amount of compensation must be equal to the fair market value of the property as it was before it was taken. This means that the value should not be affected by the fact that the government is taking it, but should be based upon what the owner would have received when freely selling it to a third party. Property owners also have the right to challenge the government’s taking of the property. This challenge must be made within the required time period, determined by the government in the proceedings. Owners can challenge the amount of compensation they are receiving, or challenge the taking of the property at all. Property owners also have the right to be informed of all of their rights and options, as well as to have full access to all documents relating to the sale of their property. They should also receive clear explanations about all of the procedures related to eminent domain. The taking of property by eminent domain is a serious matter, and property owners should be aware of all of their rights and options. With the right knowledge and assistance, property owners can ensure that they receive full and just compensation for their land.
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