This document shows the process that a claim will generally take. Depending on many factors, it could go fairly quickly or could take some time to wind its way through the judicial system. Because you only get one chance at compensation, it is crucial to get it right - regardless of the time. Click on the photo to the left or the link above to see a full and detailed summary of the process. Also, know that your case could take a different path.
Our Guarantee … if we do not exceed their offer, you owe us nothing.
Note: Although generally good people, right of way agents are smooth operators, excellent negotiators and very charismatic - listen closely, but be careful in dealing with them. Do not be fooled, they are paid experts at taking your land at the lowest price for their employer. Unless you are an experienced Eminent Domain attorney, they will know more than you about the process and will use it to their advantage. You should request a copy of any appraisal or document they have to justify their offer. Although you will likely be frustrated or angry with this process, please be respectful to them - they do have a difficult job. Just call us.
Project Planning: This is where every project starts. Whether it is the NCDOT, a city, county or a private condemning authority like a utility company, they work through a fairly detailed process to establish project need, location and desired route. Although projects will largely be evaluated in a very complete manner, you must still examine the process they have taken.
How does it all work? While there are so many variables and different ways to approach these cases, the manner they are handled from the government / company side are often similar. Yet, there can be significant differences you need to know and understand in some cases. For instance, if they have not done the proper due diligence you may be able to send them "home." However, that is unlikely.
Since 1999, Jeffrey O'Briant has been engaged in building deep expertise in the area of Eminent Domain law. Consequently, he is devoted to an Eminent Domain law practice that solely represents property owners whose property is being taken by the government or a private entity.
Our Commitment to you:
Ensure that you receive the protections provided by United States and North Carolina law and be treated fairly by these agencies – particularly the right to just compensation.
Employed by NC Attorney General's Office representing North Carolina Department of Transportation in Eminent Domain cases.
Acted as a design and route engineer for the North Carolina Department of Transportation.
As a Professional Engineer and Professional Land Surveyor, Mr. O'Briant has a deep knowledge of the principles that underpin the construction / facts of Eminent Domain cases.
Developed and refined acquisition program and methodologies for Progress / Duke Energy, including negotiation strategies.
Enabled Progress / Duke Energy to obtain hundreds of parcels for Transmission from property owners over several years.
Led land acquisition programs and teams for Progress Energy / Duke Energy.
Why do these things matter?
This experience provides unique insight and knowledge into the other side's negotiation and case preparation strategies.
Enables you to get a Professional Engineer's experience in design and other issues without initially hiring another professional.
Mr. O'Briant has led acquisition for hundreds of parcels at a time with great success and met tight corporate deadlines. So, he has extensive experience in working toward closing cases.
Mr. O'Briant managed other Eminent Domain attorneys, engineers, agents, designers, etc. in the acquisition process. As a result, he has a strong understanding of overall strategy, case development and litigation planning to maximize success.
Experience outside law enables Mr. O'Briant to easily understand and explain complex issues to a jury about zoning, land planning, storm water management, engineering, soil and environmental conditions and real estate valuation. All are key for a good verdict.
You are entitled to just compensation for your loss.
The information you obtain at this site is not, nor is it intended as, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Merely contacting us does not create an attorney-client relationship. So, please do not send any confidential information to us until such time as an attorney-client relationship has been established. Practice limited to North Carolina.