Land Condemnation Cases:

Land condemnation or "Eminent Domain" is the power of the government to take private land for a public purpose, such for school construction, highway construction and airport expansion projects. The only real limitation on the power of eminent domain is the requirement that the project is a legitimate public purpose project.

The condemning authority must pay the condemned land owner an amount of money that represents the true fair market value of the property taken. Further, if only a portion of an owner's land is taken, the condemning authority must also pay the owner for the loss in value the remaining property will suffer because of the project. The measure of the value of land is not the use to which the property is being placed at the time of condemnation, but rather is the "highest and best use" of the property, regardless of the owner's actual use.

Unfortunately, the government often undervalues the properties it condemns and/or fails to consider the real highest and best use of the property. Therefore, most land condemnation cases require the use of professional property appraisers and other real estate professionals to determine the highest and best use of the property, the true value of the property taken and the true loss in value to any remaining property.

The following are examples of land condemnation cases the firm has handled:

Jeff Peraldo represented a family whose vacant land had been condemned by the local airport for an airport expansion project. The airport offered the family $62,500 for the land, which was rejected, making litigation over the value of the land necessary. The law firm retained experts who valued the land for an amount far above the airport's offer. The case was settled at mediation for a sum representing nearly twice the airport's initial offer.

Jeff Peraldo and co-counsel are currently representing the homeowners association for a large townhome development consisting of 106 individual townhomes. The North Carolina Department of Transportation condemned and took a portion of the common area property, for which some compensation was paid. Jeff Peraldo and co-counsel are currently representing the homeowners' association in its efforts to obtain additional compensation for the damages sustained by the association because of the taking of a portion of the common area property. Further, Jeff Peraldo and co-counsel won an order in the trial court compelling the North Carolina Department of Transportation to join all 106 townhome owners to the case so their individual damages claims could be heard. This was accomplished by showing that the individual property owners possessed uncompensated property interests because of the taking of a portion of the common area property. The North Carolina Department of Transportation has appealed this order and the appeal is currently pending.

To see other land condemnation cases the firm has handled, please visit our Case Results page.

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