Jan 30 2020

Is the government seizing all or a portion of your private property for public use?

The United States Constitution ensures that a person’s private property cannot be taken by the government without just compensation.     

The Courts have created a cause of action against Federal, State and Local entities for situations where these entities seize a private citizen’s property for a public purpose or for the use or benefit of the public. This is known as eminent domain.

For example, the Department of Transportation may need to seize private property to put in state-maintained roadways and highways. The Department of Transportation is a state-run entity that is seizing private property for the public use. Landowners have the right to fair and just compensation for the value of the land taken and for the adverse effects on the portions of the land that were not seized.

Some examples of projects involving land condemnation and eminent domain:
  • Building public roads
  • Widening of state and federal roads and highways
  • Utilities construction
  • Oil and natural gas pipelines
  • Development of public parks

There may also be situations where a governmental project adversely affects the usefulness of your property or the value of your property which may result in a “constructive taking” of private property even though no property is actually seized.

One project that will affect the citizens and landowners in Anson County is the US Highway 74 expansion project.  Poisson, Poisson & Bower, PLLC is joining the law firm of HensonFuerst out of Raleigh to host a legal seminar on Thursday, January 30, 2020 from 6:00- 7:30 PM at the Little Theater on the bottom level of Hampton B. Allen public library to provide information to landowners and the general public in Anson County on the effects of eminent domain land condemnation actions.

If you or someone you know may be affected by an eminent domain action, please give us a call at 888-694-5515 or email Davis Poisson at davis@PoissonLaw.com. The attorneys at Poisson, Poisson & Bower, PLLC may be able to help.