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Land Condemnation- Inverse Condemnation

Posted by attorney David Henson

What actions can you take if your land is "taken" by another, but you are not served with a land condemnation complaint?

In North Carolina, If the government or some organization plans to take your property and bring a land condemnation action, you will be served an official complaint or declaration telling you so. In that case, you don't need to file an inverse condemnation suit, but you still need a lawyer to help you win proper compensation. HOWEVER, if your property has been taken or damaged—or if it is in the process of being damaged—and you have NOT been served an official declaration of land condemnation, you have the right to file an action for inverse condemnation. But be aware that there are deadlines: You must file an inverse condemnation complaint within 24 months of the date your property was taken, or 24 months from the time the project that took your property was completed, whichever is later.

*** Principal Office of Henson & Fuerst, PA: 2501 Blue Ridge Road, Raleigh, NC 27607 ***

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