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New Wake County Local Rules for Eminent Domain Cases

Posted by Inez de Ondarza Simmons | Dec 18, 2012 | 0 Comments

Rules of the Road and Getting to Just Compensation

In addition to the statutes in North Carolina, cases, and the general Rules of Civil Procedure, the Local Rules for each judicial district can play a critical role in eminent domain cases in North Carolina. That is true regardless of whether it is the NCDOT, a municipality like Cary, Apex, or Holly Springs, or another condemning authority like the  Wake County School Board or Progress Energy who is taking your land.

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The reason is that the local rules frequently determine when your condemnation case will be calendared for mediation, hearings, and trial. The timing of those events can have a large impact on how much just compensation you can get in your eminent domain case.

New Eminent Domain Rules for Wake County

Eminent domain cases from takings in Wake County by the NCDOT, any city or town, or any other condemning authority are subject to the Wake County Local Rules of procedure. The current local rules do not specifically address eminent domain cases.

Recently, however, Kristen Fetter, the new Wake County Trial Court Administrator, drafted a new set a proposed local rules directly affecting eminent domain cases here in Wake County. These proposed rules essentially require the parties in an eminent domain case to apprise the Trial Court Administrator and the Court of the estimated dates of key events, including

  • the project's completion
  • mediation
  • discovery
  • motions and
  • trial.

There is even a proposed reporting form for eminent domain cases in Wake County.  Failing to submit that report can mean that the Court could simply set critical deadlines by itself. And that could put you behind the eight-ball and reduce your just compensation.

Defending Property Owners' Rights in Wake County and throughout North Carolina

If you are facing the government taking your property in Wake County or anywhere in North Carolina, you need an experienced eminent domain attorney who knows the rules of the road. We know the rules, and knowing the rules can make all the difference in the world.

About the Author

Inez de Ondarza Simmons

Exceptional Legal Services since 2005 Inez de Ondarza Simmons founded de Ondarza Simmons, PLLC, which handles civil litigation cases in Raleigh and throughout North Carolina in State and Federal courts, including Business and Real Estate Litigation Estate Planning Eminent Domain and Loca...


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