What happens if I disagree with the offered compensation in North Carolina?
If you disagree with the offered compensation in a North Carolina condemnation case, you have the right to challenge the proposed amount. Here are the general steps you can take if you find the offered compensation inadequate:
Begin by engaging in negotiations with the condemning authority. You can present evidence, such as appraisals or other relevant information, to support your claim that the offered compensation is insufficient. The condemning authority may be willing to reconsider and negotiate a higher amount.
2. Appraisal and Expert Opinion:
Obtain an independent appraisal of your property to determine its fair market value. A qualified appraiser can provide a professional assessment that you can use as evidence during negotiations or legal proceedings.
3. Present Evidence during Legal Proceedings:
If negotiations fail to reach a satisfactory resolution, and the condemning authority proceeds with legal proceedings, you have the right to present evidence during these proceedings. This may include the appraiser's report, expert testimony, and any other relevant information that supports your position on the fair market value of your property.
4. Court Proceedings:
If an agreement is still not reached, the case may proceed to court. During court proceedings, property owners have the opportunity to present evidence and argue for a higher compensation amount. The court will make a final determination of just compensation.
If you are dissatisfied with the court's decision, you may have the right to appeal the judgment to a higher court. However, the grounds for appeal are typically limited, and it's essential to consult with your attorney to determine the best course of action.
Throughout this process, having legal representation is crucial to ensuring that your rights are protected and that you have the best chance of obtaining fair compensation for your property. Condemnation proceedings can be complex, and RHR’s experienced attorneys can guide you through the legal steps, help present your case effectively, and work to secure a more favorable outcome.