Other businesses rely on your business. Then, the NCDOT comes along.
Commercial retail property is complex enough without the North Carolina Department of Transportation coming to take some or all of it. What do you do? What about tenants and the businesses that occupy the space? Get answers before agreeing to anything.
We Help Commercial Retail Property Owners Facing Eminent Domain in North Carolina
In the complicated world of commercial real estate, commercial retail property may be the one area that most people are familiar with. It runs the gamut from single-tenant restaurants or big-box stores to multi-tenant retail centers with multiple different types of businesses.
There are many nuances in property classification for various purposes, all of which are important, but none of which matter to the NCDOT when it wants your land. An experienced eminent domain attorney can help try to ensure that your commercial retail property is classified correctly so that the government’s offer reflects the true value of your property.
Call us at 1-877-393-4990 today. We help commercial retail property owners and commercial retail property landlords in North Carolina sort out the complexities and pursue maximum compensation when their property, business, and livelihood are threatened by eminent domain.
What qualifies as a commercial retail property?
Generally, a commercial retail property enables the retail sale of merchandise, foods, beverages, or services. It includes retail stores, restaurants, entertainment (like movie theaters and arcades), services (like a beauty salon or laundromat), and even convenience stores. The property includes any service corridors, management offices, or facilities, such as bathrooms, that are incidental to the property’s use.
There are many types of commercial properties. If your property seems to fit multiple classifications, contact us and don’t take chances. There may be differences for a landowner of commercial retail property versus a commercial office property, depending on the unique circumstances of the property!
Our experienced eminent domain lawyers handle many different types of commercial property eminent domain takings and can help you navigate the process and seek the highest possible compensation.
How can an eminent domain taking affect my commercial retail property?
Several vital aspects of your commercial retail property that may be affected by a taking include:
Changes in traffic flow
Reduced access to your property
Compromised parking
Limited (or reduced) delivery and logistical access
Reduced signage visibility
Taking of some or all of your building
Property nonconformance with local regulations
It is important that you know your rights and options as a commercial retail property owner or landlord of commercial retail property. Even the smallest taking could spell disaster for your business.
Eminent domain takings and commercial retail property leases
The eminent domain process affects the complicated and vital leases that business owners have in commercial retail properties. Please contact our eminent domain attorneys for guidance regarding how a taking may affect your tenants – lessees may be entitled to compensation.
Issues you may face in getting a fair valuation for your commercial retail property
Eminent domain is a complex section of Constitutional law and is expressed in North Carolina law in ways that set it apart from other states. Some issues you may face when the government wants to take some or all of your commercial retail property include:
Condemnation
The government can take or “condemn” some or all of your commercial retail property for the public good. It must compensate you fairly for what it takes, but who decides what is fair? What happens to your leases? Your tenants? How can you be sure you’re getting what you deserve? Experienced eminent domain attorneys deal with these issues regularly. We can answer your questions for you.
Inverse Condemnation
Sometimes, the NCDOT or another condemning authority does not officially take your property but through their actions, they affect your commercial retail property’s usability and value. This process of effectively taking your property without an official condemnation is called inverse condemnation.
Easements
The NCDOT may tell you that an easement on your land won’t impact operations much. However, an easement can have many serious effects on your property, including interfering with crucial parking spots or forbidding parking completely. An easement can require demolishing your signs, fences, delivery docks, parking lots, or even buildings. Slope easements can cause access problems, water control issues, and more.
Appraisals
When the NCDOT or condemning authority makes an offer for your commercial retail property, they’ll generally base that offer on the damages shown in an appraisal of the property. They won’t always show you that appraisal and they often make mistakes. Be aware that an eminent domain appraisal is far more detailed and complex than a typical appraisal, and commissioning an appraisal on your own may harm your case.
We have built a network of land experts across the state that can help us determine the highest and best use of your land and try to prove the true value of your commercial retail property.
Relocation
Sometimes, an eminent domain taking forces commercial retail landlords and tenants to move their businesses elsewhere. Moving a business is no small task, and some property owners may not understand the complexities of relocation expenses.
Bottom Line: When you’re notified of an eminent domain taking, the NCDOT intends to condemn or take your property eventually. The government will make you an initial offer, but that offer is almost certainly too low. You can – and almost always should – reject it and contact an experienced attorney to help you fight for maximum compensation.
The eminent domain process in North Carolina is full of pitfalls and common mistakes that are easy for a property owner – even an experienced businessperson – to make. These mistakes can be costly and damaging to a commercial retail property owner seeking compensation.
Here’s a brief overview on the eminent domain process from our Lead Attorney (and former NCDOT lawyer) Stan Abrams:
Contact an attorney at 1-877-393-4990 for a free case evaluation as soon as you know your property will be impacted by NCDOT construction. We may be able to work with the NCDOT in the early planning stages to reduce the impact on your business!
Frequently asked questions about commercial retail property takings
Can private companies use eminent domain?
Yes, a private utility may be empowered with eminent domain authority. These takings are regulated by statute, similar to a taking by the government, and include a requirement that the taking must be for “public use.” Call us at 1-877-393-4990 to discuss whether your situation falls under eminent domain.
Can you fight eminent domain?
Fighting a taking is rarely successful, so seeking maximum compensation is typically our focus. You can sometimes negotiate to reduce the impact of a project on your property if you act early before the NCDOT’s plans are set in stone.
How is just compensation determined in eminent domain?
The government is required to pay “just compensation” for its taking, but opinions on what that just compensation is may vary widely in a particular case. Generally, an appraisal forms the basis of the government’s offer but too often, these appraisals fail to fully capture the extent of the damages.
Every property is unique, and the appraisal should account for your property’s highest and best use. Many subtle factors, such as environmental or engineering factors, may significantly increase your property’s value. Other factors that can help determine compensation include:
the fair market value of the property
damages due to loss of parking, access, landscaping, or buffer
relocation expenses
damage to the remainder
easement damages
proximity damages
contamination damages
and more
Our experienced attorneys work with a statewide team of land experts, such as appraisers, surveyors, land planners, and engineers, to help us estimate what your commercial retail property is really worth and the fair value of the damages done to it.
Does eminent domain pay for loss of income?
Unfortunately, lost profits are not compensable under North Carolina eminent domain law. However, compensation may be available for many other damages and losses. Talk to an eminent domain attorney before you agree to the DOT’s offer.
Is any property exempt from eminent domain?
There are no eminent domain-exempt private properties in North Carolina. The NCDOT can take land from churches, residences, and businesses of any kind, though the property owner is entitled to fair compensation.
Experienced representation makes a significant difference
Only a handful of former NCDOT attorneys now work exclusively for property owners. We have four.
In our experience, the NCDOT often fails to consider the special needs of commercial retail properties properly and, therefore, often fails to offer owners fair compensation. That’s where we can help.
Since we’ve been in business, we’ve helped our clients get, on average, nearly 3x their initial offer from the government.1
There are only a handful of attorneys in NC who practice eminent domain exclusively, and even fewer with NCDOT experience. We have several. That’s why its worth getting in touch with us for a free case evaluation.
Here’s how it works:
1) Tell us about your situation.
2) We research your property as needed, using DOT maps, our own technology, and experience to see the exact effects.
3) We let you know what we think a fair offer would be. This evaluation is free, and there’s no
pressure or obligation to hire us after.
But please don’t wait to act. Waiting can hurt your case, and the cost is the same: free.
1-877-393-4990
Text Us
1-877-393-4990