“Property owners will soon begin receiving official looking offers and think they can’t negotiate them,” said NC Eminent Domain Attorney Stan Abrams.
Durham, NC (PRWEB) November 14, 2016
More than 250 Wake County property owners affected by the upcoming N.C. 540 Extension can get guidance at a no-cost educational seminar hosted by the NC Eminent Domain Law Firm on Thursday, November 17th at the Holiday Inn Express & Suites in Raleigh. The featured speaker, Stan Abrams, is a former NCDOT attorney. He will share what he and firm colleague, Jason Campbell, also a former NCDOT attorney, saw while working for the NCDOT. Campbell, incidentally, was one of the early attorneys during the initial N.C. 540 cases a decade ago.
The seminar is free and open to the public.
Seminar attendees will hear what these attorneys learned at the NCDOT that could potentially help property owners try to maximize their compensation, and how they try to ensure owners are treated fairly during the negotiation process.
“The negotiation process is where I’ve seen the NCDOT sometimes try to downplay the potential harm land takings may cause the property owners,” Campbell said.
Former NCDOT Attorneys Share Negotiation Strategies
“Property owners will soon begin receiving official looking offers and think they can’t negotiate them,” Abrams said. “Just like any other buyer, they can and probably should negotiate. But they shouldn’t settle for a bad deal just because they weren’t offered more initially. Based on my experience, the NCDOT will sometimes stop negotiating even when it is obvious the property owners may be owed more. Some property owners don’t realize they can fight for more even after the NCDOT stops negotiating.”
Campbell emphasized that the NCDOT’s negotiators do so hundreds of times a year compared to the property owner’s probability of a first and only eminent domain negotiation. He said, “The NCDOT’s negotiators are trained and backed by experienced state attorneys. What I’ve seen happen is the property owner, not knowing eminent domain law, may base their claim for more compensation on things the NCDOT does not legally have to pay for. Worse, they may take the NCDOT’s word on what they do have to pay for. It is similar to an inexperienced person negotiating for their first car. Who do you think is more likely to get the better deal?”
N.C. 540 Extension Right-of-Way Seminar Topics
“The NCDOT is taking steps to acquire properties right now,” Abrams said. “We want property and business owners to know enough about the eminent domain negotiation process and their rights to be able to ask the essential questions that could help them avoid common pitfalls, like not fully understanding what the NCDOT is really taking and other issues that could potentially impact the amount of just compensation.”
According to the law firm one strategy is through the condemnation deposit. A condemnation deposit is a check made out to the property owner that, by law, the NCDOT must deposit with the courts on the property owner’s behalf. Many property owners simply accept this deposit check. Yet, a 2015 study by the North Carolina legislature showed that property owners who did not accept the NCDOT’s condemnation deposit ended up getting 85% more for their property, on average.*
Seminar topics generally 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?
Wake County Property Owners in the Way of Triangle Expressway Extension
Homes and businesses from N.C. 55 in Holly Springs to U.S. 401 at Wake Tech will be in jeopardy for condemnation by the state for the expressway extension. NCDOT documents the law firm has obtained show more than $250 million has been earmarked for these properties.
Land Taking Seminar Date, Time, Location
Date: Thursday, November 17th
Time: 7 p.m.
Place: Holiday Inn Express & Suites
3741 Thistledown Drive
Raleigh, NC 27606
For more information about the meeting, please call the NC Eminent Domain Law Firm at 1-877-393-4990.
*Source: NC Legislature (2015), House Bill 127: DOT Condemnation Changes – Fiscal Analysis Memorandum (Section 2). Fiscal Research Division.
About the NC Eminent Domain Law Firm :
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 Attorneys General for the North Carolina Department of Justice in the Transportation Section, where they litigated condemnation cases for the NCDOT. They have over 25 years of combined experience working exclusively on eminent domain cases. The Law Offices of James Scott Farrin has the legal resources of 37 attorneys and is based in Durham, North Carolina, with offices throughout the state to serve its clients.
280 South Mangum Street
Durham, NC 27701