Eminent Domain in NC

josh m

Well-Known Member
Joined
Mar 17, 2013
Wondering if anyone here has dealt with this in North Carolina. It looks like we are gonna lose our house this year due to a road widening. Any advice? Or insight?


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If your house is worth a damn, I personally would be finding an attorney that has dealt with this plenty in the past. The housing market is ridiculously high right now, don't get screwed.

That or do what the Granby Co guy did.
 
Lost my first house to the 52 bypass (southern beltway) in winston. Bought a house in the country only to learn I was going to lose this house to hwy109 bypass.....lived with that fear for 5 years before a local sued to get that one taken off the books since there wasn't funding for it
I made money on my first house. Found out it was coming, and added a master suite. I was able to get an appraisal that was a lot more than I paided/owed so tax value increased a great deal. NCDOT paid 10% over tax value. I was very happy with the outcome. But I said on top of it and called my assigned agent at least twice a month.
 
CasterTroy said:
Lost my first house to the 52 bypass (southern beltway) in winston. Bought a house in the country only to learn I was going to lose this house to hwy109 bypass.....lived with that fear for 5 years before a local sued to get that one taken off the books since there wasn't funding for it
I made money on my first house. Found out it was coming, and added a master suite. I was able to get an appraisal that was a lot more than I paided/owed so tax value increased a great deal. NCDOT paid 10% over tax value. I was very happy with the outcome. But I said on top of it and called my assigned agent at least twice a month.
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I bought this house, gutted and remodeled it only to find out it's on the chopping block. It's got new roof, wiring, hvac, insulation, windows, bathrooms and kitchen. Arghhh!
Did you hire a attorney Caster?
 
josh m said:
Did you hire a attorney Caster?
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No
My best friends sister is/was a real estate attorney and advised me not to lawyer up.
There were numerous vultures trying. There were even a group that held a meeting at the church at the end of the road.
Long story short, they all wanted class action suits. You were limited in your settlement and you got what you got. No negotiations, no options. And of course the lawyer got a majority cut.
I faired SO much better on my own.
 
Depending on where we go and if there is natural gas available. I may have a 95% efficiency gas hvac system, a rheem Nat gas tankless water heater and two dozen replacement windows for sale. I'll gut this beotch again!


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josh m said:
Depending on where we go and if there is natural gas available. I may have a 95% efficiency gas hvac system, a rheem Nat gas tankless water heater and two dozen replacement windows for sale. Oh and the Viking duel fuel range too. I built this place to stay in for a long time. Guess I'll gut this beotch again!


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CasterTroy said:
No
My best friends sister is/was a real estate attorney and advised me not to lawyer up.
There were numerous vultures trying. There were even a group that held a meeting at the church at the end of the road.
Long story short, they all wanted class action suits. You were limited in your settlement and you got what you got. No negotiations, no options. And of course the lawyer got a majority cut.
I faired SO much better on my own.
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Good to know. I've heard to never take the first offer and always take the second.
 
Hasn't happened to me here but it did in Ohio, actually my dad. They paid a fair price but like most land and housing prices generally increase. One thing we wrote into the contract was we could remove anything from the property before the final day, excluding ground. I pulled all the aluminum siding off two rental houses and pulled the copper that was easily accessible. Made a couple thousand bucks in a day. We also pulled the furnace. They didn't care because they were going to demo everything anyways.
 
^^^ that was going to be my post but with a little more added, maybe take it a step further and relocate the entire house. If you write that you can remove anything from the property except the ground, then there should be no objection. You’d get paid for the house and land only to remove house and relocate it elsewhere for some added costs but likely way less than building or buyin another house.
 
rockcity said:
^^^ that was going to be my post but with a little more added, maybe take it a step further and relocate the entire house. If you write that you can remove anything from the property except the ground, then there should be no objection. You’d get paid for the house and land only to remove house and relocate it elsewhere for some added costs but likely way less than building or buyin another house.
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Damn thinking outside the box there but that’s a good idea if you like the house and it’s size


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It's a 1939 brick bungalow type. I don't think it would survive. They can have it.


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rockcity said:
^^^ that was going to be my post but with a little more added, maybe take it a step further and relocate the entire house. If you write that you can remove anything from the property except the ground, then there should be no objection. You’d get paid for the house and land only to remove house and relocate it elsewhere for some added costs but likely way less than building or buyin another house.
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This is what my aunt did when they built the 21 bypass in elkin. Picked up the whole dang house and set it down at the family farm.
 
I'm sure someone on here that's far more concerned with "being right" can correct this if they so choose :rolleyes: but in working with the school systems, I know they advertise houses they have taken for $1 in the paper 2 months prior to tearing them down.

Mine was torn down 6 months after purchase.
I took the day off to enjoy watching it's demise

5256.jpg
 
Buddy of mine works (fighting) DOT acquisitions. Says 90% of the time, if you involve a lawyer and actually fight, the DMV does pay more....but most all that goes to lawyer fees. If lucky, you'll take in a (very) few % more. Lawyer gets the bulk of the extra $$. You get all the headache, time lost from work, etc. He says (like somebody above said) to get your own appraisal (not what you "think" or hope the land is worth to you), and hold out for 2nd/3rd offer, and you'll do as well.

As to fighting DOT....forget it. They don't care about you and your house. They'll take an entire cemetery and not even blink. We got that going on in Sanford right now. Fixing to take over 200 graves at local cemetery. Not because the road needs to be four lane now, but they predict it will in the future, so are going ahead with the project.

Here is the cemetery they are going to take graves from both sides of the existing road. Shallow Well Church between Sanford and Broadway...if you are in the area, drive out and look at the flagging they have placed....lots of folks going to get dug up....

shallowwell.png



Now a zoomed out pic....tell me just why they can't bypass the whole church and cemetery (or even put it in the middle of a giant danged traffic circle like they like to use) and not dig up 200 dead folks...

shallowwell_wide.png
 
jyaks said:
I’m hoping you just sat at the edge of the yard with a lawn chair and a cooler full of beer watching them work.
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Hugh Damn Skippy

Took a day of vacation, a lawn chair, a sammich, cooler and Case of red oak and 7 hrs. Latet....had to have my son come get me (shared a couple with the crew)
 
kaiser715 said:
As to fighting DOT....forget it. They don't care about you and your house.
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This

You can talk big, act tough, lawyer up, but in the end, you get more flies with honey

My agent came out to looknat the house initially. I was nice, cordial, and accommodating. Red tape, friends of Forsyth and a fookin spotted owl delayed my purchase for 7 years but I called twice a month to just talk to him and shoot the shit.

I like to think my persistence paid off as he told me I was the very last authorized purchase till they actually shut it down in 2010..and like I said, I got 10% over tax value.

I've never heard of anyone that lawyered up and walked away with even tax value in hand so I think I did well, but it was a hard road
 
rockcity said:
I’d be pissed if I got just 10% over tax value for either of my places.
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Yea, I guess it depends what county your in. We sold our last house in statesville for nearly double tax value. Here in Alamance county it seems houses are selling for 10-20% above tax value. It's a hot market here. Good for comps, not so good for buying another house.
I spoke with a right of way agent today, it seems like they cover a lot of stuff. He said they will add more money to your new house at closing to make sure your mortgage doesn't go up or the term doesn't get extended. They even will buy the mortgage down to get you the same interest rate on your new house. It's gonna be interesting. I'm about 1.25% less than today's rates. It sounds like it will be better to wait to buy a house in order to reap all the benefits of the eminent domain process.
 
kaiser715 said:
Now a zoomed out pic....tell me just why they can't bypass the whole church and cemetery (or even put it in the middle of a giant danged traffic circle like they like to use) and not dig up 200 dead folks...
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Cemeteries are a waste of space anyway :D
 
rockcity said:
I’d be pissed if I got just 10% over tax value for either of my places.
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I bought my house in Gaston Co a year and a half ago for about 10% under tax value. If someone offered me 10% over right now I'd be moving.
 
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