Durham Office

Diamond View II, 280 South Mangum Street, Suite 130, Durham, NC 27701

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Raleigh Office

3605 Glenwood Avenue, Suite 500, Raleigh, NC 27612

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Dedicated and Proven Condemnation and Eminent Domain Lawyers Serving Landowners in Raleigh, Durham, Throughout the Triangle and Across North Carolina

Facing Eminent Domain or Condemnation in North Carolina?

Eminent domain is the right of the federal, state, or local government (or a party authorized by the government, such as utility companies) to claim private property for public use, so long as the government pays the property owner a fair amount for the property (which is often referred to as “just compensation”). The Fifth Amendment of the United States Constitution states “…nor shall private property be taken for public use, without just compensation.” Absent extraordinary circumstances, the government will be allowed to take private property for a public use; however, the property owner may challenge the government’s determination of just compensation. An eminent domain attorney can help ensure you receive just compensation for the property taken and, in some instances, can assist in an effort to lessen the project design-related impacts.

What Qualifies as Public Use?

Public use projects include:

  • Infrastructure development (highway construction, widening of existing roads, etc.)
  • Government buildings (schools, post offices, police stations, etc.)
  • Public parks and recreation areas
  • Utility easements
  • Gas pipelines
  • Revitalization projects

A Trusted Partner for North Carolina Landowners

For more than three decades, the Condemnation and Eminent Domain attorneys at Manning Fulton have been protecting the rights of North Carolina landowners and business owners facing condemnation of their property. We have handled cases of all shapes, sizes, and forms, consistently producing exceptional results for our clients — whether by negotiated settlement or taking the government to trial. Our attorneys are skilled negotiators and litigators, dedicated to ensuring that our clients receive the full fair market value of their property, whether through settlement, at mediation, or a jury verdict at trial.

We have represented a substantial number of business owners and dealt with commercial properties of all varieties:

  • Shopping Centers
  • Office Buildings
  • Office Parks
  • Hotels
  • Commercial Farming Operations
  • Manufacturing Facilities and Warehouses

We have also represented countless other property owners in connection with properties ranging from family farms and vacant land, to historical estates and residential properties. And we have successfully defended cases against every major condemning authority in Central and Eastern North Carolina, including the NCDOT, the Triangle Transit Authority, the North Carolina Turnpike Authority, the City of Charlotte, the City of Raleigh, the City of Greensboro, and various other municipalities and airport authorities around North Carolina.

Protecting Your Property’s Value

Manning Fulton lawyers work alongside our clients to assess their property’s most valuable use, and we collaborate with experts in a variety of disciplines to understand the full scope of the impact of the taking. We know — as you do —that oftentimes the condemning authority’s appraisal does not accurately reflect the true impact of the taking on the property’s value, before or after the taking. That’s why we’ve assembled a team of leading and trusted industry experts who independently assess the value of the impact of the taking on the highest and best use of our clients’ property, oftentimes accounting for issues the government overlooks. Among those experts are:

  • Appraisers
  • Traffic Engineers
  • Land Planners
  • Commercial and Residential Real Estate Brokers
  • Real Estate Developers

For several decades Manning Fulton’s Condemnation and Eminent Domain practice team was led by the late John B. McMillan. Our team is now anchored by our Managing Partner, Judson Welborn. Judd has been recognized by The Best Lawyers in America in the area of Eminent Domain and Condemnation Law for multiple years. Although no law firm’s past successes can guarantee future results, Manning Fulton’s Eminent Domain attorneys enjoy a well-earned reputation as dedicated advocates who understand the takings process and, in turn, achieve exceptional results for clients. Simply put, when it comes to you and your property, experience matters. And we would be grateful for the opportunity to put our experience to work for you.


Our History of Success

Below is a partial list of several verdicts and settlements our clients have received. It is important to understand that this list does not include all of our condemnation cases, and we cannot promise or guarantee that any case will have results as favorable as the cases we have listed. The results we have obtained are products of the specific factual and legal circumstances that were present in each of those cases. Every case is different, and the results will vary from case to case. A successful outcome of your case cannot be assumed or indicated by our past successes in other cases. Please do not misconstrue the below list as any representation that Manning Fulton will ultimately be successful in your case or any other case in the future.

  • Department of Transportation v. Gary Stevenson Church, et al. – Represented a family when DOT took 7.56 acres for a new right of way.  DOT initially paid $444,725.  Final settlement required DOT to pay $1,150,000 for a difference of $705,275.
  • City of Greensboro v. Branch Westridge Associates, et al. – Represented landowner when the City of Greensboro took 0.3 acres within a 20.8-acre in-line shopping center in connection with a road widening project. The City of Greensboro initially paid $460,000.  The final jury verdict required the City of Greensboro to pay $1,250,000 plus interest and expert witness costs of $165,290 for a difference of $955,290.
  • City of Raleigh v. Commonwealth Partners, LLC, et al. – Represented landowner when the City of Raleigh took 0.3 acres of a 9.1-acre commercial office park for a road widening project, and 0.8 acres for temporary construction and permanent easements.  The City of Raleigh initially paid $186,050.  Final settlement required the City of Raleigh to pay $650,000 for a difference of $463,950.
  • Department of Transportation v. Broomfield LLC – Represented a family in Garner, NC when NC DOT replaced old Tryon Rd. with a new service road. NC DOT initially paid the family $76,800. At mediation, the case settled for $1,065,000 for a difference of $988,200.
  • Department of Transportation v. Alexander Family LLC – Represented a family when NC DOT took 8.6 acres for the US Highway 401 by-pass. NC DOT initially paid $1,342,930. The final jury verdict required NC DOT to pay $4,349,837 plus interest of $763,836 for a difference of $3,770,743.
  • Department of Transportation v. Falling Creek Farms, Inc. et al. – Represented landowners when DOT took 36.6 acres from the relocation of Highway 70. DOT initially paid $2,524,150. Final settlement required DOT to pay $6,650,000 – for a difference of $4,125,850.
  • Moore County Airport Authority v. Eva Dowd – Represented landowner when the Moore County Airport Authority (“MCAA”) took 12.94-acres of a family farm for an airport expansion project. MCAA initially offered $640,000. Final settlement required MCAA to pay $1,212,384 for a difference of $572,384.
  • Department of Transportation v. Stephens Properties – DOT took 11.504 acres in vicinity of Highway 55 By-pass in Holly Springs. DOT initially paid $196,500. Final verdict required DOT to pay $1,500,000, plus interest and expert witness costs of $312,840 – for a difference of $1,616,340.
  • Department of Transportation v. New Age Communications – DOT took 24.58 acres and improvements on the property in vicinity of Highway 17 and Highway 70 in Goldsboro, Wayne County. DOT initially paid $1,290,000 for the land and improvements. Final settlement required DOT to pay $1,600,000 – for a difference of $310,000.
  • Department of Transportation v. Holly Springs Assoc. – DOT took 25.64 acres for the Southern Wake Expressway. DOT initially paid $667,000. Final settlement required DOT to pay $1,500,000 – for a difference of $833,000.
  • Department of Transportation v. Dameron – DOT took 14.524 acres in vicinity of Highway 98 By-pass in Wake Forest. DOT initially paid $213,130. Final settlement required DOT to pay $1,200,000 – for a difference of $986,870.
  • Department of Transportation v. Bailey – DOT took multiple tracts with combined acreage of approximately 21.142 acres in vicinity of I-540 and Highway 50 / Creedmoor Road. DOT initially paid $684,250 for the combined acreage. Final settlement required DOT to pay $1,100,000 for the combined acreage – for a difference of $415,750.

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