NC 191 and US 64 Road Widening Projects Land on Homeowners’ Doorsteps Amidst DOT’s “Precarious” Finances

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The NC Eminent Domain Law Firm is available to explain property owners’ rights and a possible “second check” at free seminars on March 5 and 19, 2020 in Hendersonville, North Carolina.

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“Getting a second opinion on important decisions is the American way, and our “second check” system provides an opportunity for that second opinion,” said Kevin Mahoney, an attorney at NC Eminent Domain Law Firm and a former Special Deputy Attorney General who represented the NCDOT.

The widening and upgrades of NC 191 and US 64 in Hendersonville will bring traffic closer to the doorsteps of more than 100 homes and businesses.

The projects are launching at a time when the NCDOT is caught in the middle of a seemingly endless game of political football between the state’s legislative and executive branches over its budget. The News & Observer in Raleigh recently described the department’s finances as “precarious.” All of this could mean delayed offers and payments.

However, even when the NCDOT is operating normally, the offers some property owners receive from state officials may amount to far less than what their property is worth – and a budget shortfall could make that problem worse. Regardless, these offers do not entirely make up for the potential danger property owners may face from the increase in traffic, or the frustration when faced with trying to sell their property with a greatly diminished market value, according to former NCDOT attorneys at the NC Eminent Domain Law Firm.

With so much uncertainty at the department, homeowners may expect additional pushback from their negotiators.

“Property owners receive a very official offer and often think that is the ‘law’ and think they have to take it,” said Jason Campbell, an attorney at the NC Eminent Domain Law Firm. “If an offer has been made, there may be a more complete and satisfactory offer to be gained through reappraisal and negotiations, especially considering the budgetary pressure DOT negotiators may be under currently.”

Home and property owners are welcome to attend one of two no-obligation seminars at the Hampton Inn (155 Sugarloaf Rd., Hendersonville, NC 28792), and ask their questions:

  • NC 191 Widening - March 5, 2020; 7–9 p.m.
  • US 64 Widening - March 19, 2020; 7–9 p.m.

While each seminar will focus on the specific project scheduled for each night, an attorney will be available to answer questions about both projects at both seminars.

“Second Check”
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.

This is where the NC Eminent Domain Law Firm’s “second check” approach comes in. In most cases, the property owner is then free to pursue a potentially better, fairer arrangement.

If continued negotiations do not change the offer, 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 offer.

“Knowing what is legally compensable, and having read hundreds of appraisals, there are certain things that quickly jump off the page to an experienced reader,” said Kevin Mahoney, an attorney at NC Eminent Domain Law Firm and a former Special Deputy Attorney General who represented the NCDOT. “Getting a second opinion on important decisions is the American way, and our “second check” system provides an opportunity for that second opinion.”

The NC Eminent Domain Law Firm is available to talk with property and business owners, and to try to answer questions about the unique circumstances regarding their individual properties. Those questions typically include:

Property owners who have questions about this project and how it will affect them are encouraged to:

  • Call the NC Eminent Domain Law Firm at 1-877-393-4990
  • Attend the free seminars at the Hampton Inn (155 Sugarloaf Rd., Hendersonville, NC 28792):
  • - NC 191 Widening - March 5, 2020; 7–9 p.m.
  • - US 64 Widening - March 19, 2020; 7–9 p.m.

About the NC Eminent Domain Law Firm
The NC Eminent Domain Law Firm is dedicated solely to representing property owners impacted by eminent domain law. It is led by three former Assistant Attorneys General who worked for the NC Department of Transportation handling some of their largest and most important cases. The firm’s attorneys have over 60 years of combined experience working exclusively in land condemnation. The NC Eminent Domain Law Firm is a division of the Law Offices of James Scott Farrin, which has more than 45 attorneys, based in Durham, North Carolina, with 15 additional offices statewide: Asheville, Charlotte, Fayetteville, Greensboro, Greenville, Goldsboro, Henderson, Morganton, New Bern, Raleigh, Roanoke Rapids, Rocky Mount, Sanford, Wilson, and Winston-Salem.

Contact Information:
Stan Abrams
1-877-393-4990
NC Eminent Domain Law Firm
300 Ridgefield Court, Suite 309
Asheville, NC 28806

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Stan Abrams
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