Inverse Condemnation Lawsuit
The steps involved in filing an inverse condemnation lawsuit can be challenging and time-consuming. Although there are many details that go into filing an inverse condemnation lawsuit, these details can be broken down into the three main steps that are listed below.
- The landowner files a complaint against the NCDOT with the Wake County Superior Court. The complaint will identify the owners of the property who have been affected, along with a description of the property rights that have been taken by the North Carolina Department of Transportation (NCDOT).
- The NCDOT has the option of filing a response within 60 days. If the Department of Transportation agrees that it has taken a landowner’s property rights, the property owner is entitled to be paid. The DOT must deposit the amount it believes the property owner is entitled to with the Wake County Superior Court Clerk’s office (or the Clerk’s office in the county where the property is located). The property owner can then take that money, and still argue that the NCDOT should pay more.
- If the NCDOT claims that it does not owe any money at all, the property owner can proceed with the lawsuit anyway. If the court agrees with the landowner that the NCDOT has taken a property right that requires compensation, a jury will then decide the question of how much money the landowner is entitled to receive.
Conventional Eminent Domain Claim vs. Inverse Condemnation Claim
An inverse condemnation lawsuit gives property owners huge advantages that are not available in a conventional eminent domain claim. When a landowner sues the NCDOT in an inverse condemnation claim, the government may be obligated to pay the landowner’s attorney fees and litigation expenses. On the other hand, if the NCDOT files a conventional eminent domain claim first, it cannot be required to pay attorney fees and litigation expenses, even if the property owner wins in court.
The Department of Transportation may take steps to minimize the amount the landowner can recover. It may accelerate its schedule and file conventional eminent domain lawsuits much more quickly than it had originally planned. If, however, a landowner beats the NCDOT to the courthouse and files an inverse condemnation claim first, he may be entitled to recover significantly more money.
Take Action Today with Thorp Law
A delay in action could cost you the chance to hold the NCDOT fully accountable for taking your property without just compensation. By waiting, the amount the North Carolina Department of Transportation has to pay you may decrease. If you want to be compensated for the taking of your property, contact the Thorp Law Firm. The law firm’s award-winning attorney offer free consultations. We will sit down with you, listen carefully, and explain the legal process, as well as how to avoid making common mistakes that can harm your inverse condemnation claim. We will explain your legal rights, give you our best insights, and at the end of your consultation, you will not owe us anything.
Our law firm and personal injury attorney handle personal injury, trucking accident, product liability, medical malpractice and other types of cases. Thorp Law handles cases throughout North Carolina, including Wake County, Durham County, Orange County, Johnston County and other counties throughout the state.
Delay can cost you a lot. Call us.