“We hate it when we see property owners get less money than they should have, simply because they didn’t know the full extent of their rights,” NC Eminent Domain Law Firm Attorney Stan Abrams said.
Asheville, NC (PRWEB) January 08, 2014
Property owners in the path of the proposed US 19 East Widening from Jack’s Creek Road to west of Spruce Pine are receiving eminent domain deals from state officials that may be for far less than what their property is worth, according to Jason Campbell, an attorney with the NC Eminent Domain Law Firm and former attorney for the North Carolina Department of Transportation (NCDOT).
He said that, rather than accepting these initial offers, owners may want to exercise often-misunderstood rights, including the ability to negotiate for a “second check.”
The widening of US 19 East from west of Spruce Pine from two to four lanes will affect more than 180 property owners, who are likely inexperienced in assessing the true value of their properties and negotiating for that fair market value, according to Campbell.
“Property owners receive a very official offer and often think that is the ‘law’ for what they are able to receive,” Campbell said. “Even if an offer has been made, there may be a more complete and satisfactory offer to be gained through reappraisal and negotiations. Our job is to try to get property owners what we refer to as a ‘second check,’ in addition to the one they received on their own.”
By North Carolina law, property owners whose land or businesses are targeted for acquisition ultimately receive an offer from the state.
If the owner chooses not to accept the offer and takes no further steps, the state will still acquire the land and deposit the amount of the original offer with the county clerk for the owner, according to Stan Abrams, another former NCDOT attorney, who works with Campbell.
Then the property owner is free to pursue a better arrangement without losing the first offer (in most cases). The NC Eminent Domain Law Firm calls this the “second check” approach.
If continued negotiations do not change the result, the owner still has the first offer. But if continued negotiations are successful, the property owner will receive a “second” check, in addition to the first.
“We hate it when we see property owners get less money than they should have, simply because they didn’t know the full extent of their rights,” Abrams said. “Typically, property owners still get the government’s first offer, but we want to help try and get a second check if they’ve received less for their property than what it may really be worth – which happens more often than you might think.”
The NC Eminent Domain Law Firm will host a free informational session on Thursday, January 16th, at 7pm at the Springmaid Mountain Resort in Spruce Pine to answer property and business owners key questions. Those questions typically include:
- How will the value of my property be calculated?
- Can I assume the offer for my property is fair?
- How is fair-market value determined?
- What if I lease space? Will there be allowances to move my business?
- Should I get my own appraisal?
For more information about the meeting, please call the NC Eminent Domain Law Firm at 1-877-393-4990.
A division of the Law Offices of James Scott Farrin, the NC Eminent Domain Law Firm is dedicated solely to representing property owners throughout North Carolina, who may be impacted by eminent domain law. The NC Eminent Domain Law Firm is led by attorneys Stan Abrams and Jason Campbell, both of whom previously worked as Assistant Attorney Generals for the North Carolina Department of Justice in the Transportation Section, where they litigated condemnation cases for the NCDOT. They have over 20 years of combined experience working exclusively on eminent domain cases. The Law Offices of James Scott Farrin has the legal resources of 30 attorneys and is based in Durham, North Carolina, with offices throughout the state to serve its clients.
NC Eminent Domain Law Firm
280 South Mangum Street, Suite 400
Durham, North Carolina 27701