Receiving notice that the government intends to take your property can be one of the most unsettling moments in a person’s life. Whether it’s for a road expansion, a new utility line, or another public project, you suddenly find yourself facing powerful agencies backed by lawyers, engineers, and appraisers all working to move forward quickly and cheaply.
In times like these, having a skilled condemnation attorney on your side isn’t just helpful, it’s essential. At Fisher Stark, P.A., we guide property owners throughout Asheville and Western North Carolina through the complex process of eminent domain and condemnation. Our mission is simple: to protect your rights, secure full and fair compensation, and make sure you’re not taken advantage of in the process.
What a Condemnation Attorney Does
A condemnation attorney represents landowners whose property is being taken, in whole or in part, by the government or a private entity acting with government authority. These cases arise under the legal power known as eminent domain — the government’s right to take private property for public use, provided it pays “just compensation.”
Your attorney’s job is to make sure that “just compensation” truly reflects the real value of what’s being taken from you and to hold the condemning authority accountable when it falls short.
At Fisher Stark, that means investigating every aspect of your case. We analyze the government’s appraisal, examine how the project will affect your remaining property, and determine whether the taking itself is lawful. We don’t simply accept what the agency says your property is worth. We look deeper, because too often, their valuation tells only half the story.
Why You Need Legal Representation Early
The condemnation process can move fast, and the government’s first offer almost always comes before you’ve had time to fully understand the impact of the project. Many property owners feel pressured to sign paperwork or accept an appraisal just to “get it over with.” But once you agree, your rights to dispute that value can vanish.
An experienced condemnation attorney helps you slow the process down. From the very beginning, we review all documents you receive including maps, offers, and notices and explain what they actually mean. We handle communication with government representatives, so you’re not caught off guard by legal jargon or subtle tactics designed to minimize your payout.
Having legal counsel early also allows us to preserve vital evidence. For example, if construction or surveying work begins on your land, we make sure your rights are respected and that no damage occurs without proper compensation.
Evaluating Fair Market Value
Determining what your property is truly worth is far more complicated than a simple appraisal number. Fair market value should reflect not only the land itself but the property’s highest and best use. In other words, its full potential value.
A skilled condemnation attorney works with independent appraisers, engineers, and land planners to uncover what the government’s appraisal often misses. We evaluate how the project changes access to your land, whether it causes flooding or grading issues, how it affects visibility or future development, and how it impacts the rest of your property.
For example, if a new highway cuts through your property, you may not only lose the portion taken but also see the rest of your land lose value because it becomes harder to reach or less desirable for development. A proper valuation must consider those real-world effects, not just the square footage taken.
Challenging the Taking Itself
In some cases, your attorney may find that the government’s actions don’t meet the legal requirements for eminent domain. The project may not serve a legitimate public purpose, or the taking may not be necessary to complete the work. In such situations, your attorney can challenge the taking itself in court.
While it’s not easy to stop a condemnation once it begins, property owners have rights that must be respected. A condemnation attorney can help you determine whether a legal challenge makes sense or whether the better strategy is to focus on maximizing compensation.
What to Expect When You Work With Fisher Stark
From the moment you bring your case to us, our focus is on protecting what’s yours. We start with a detailed consultation to understand your property, your concerns, and your goals. Then we develop a strategy tailored to your situation.
You can expect:
- Personal attention. You’ll work directly with an attorney who knows your name and your property, not a call center or case manager.
- Honest evaluation. We’ll give you a clear, realistic picture of your options, not false promises.
- Thorough preparation. Our team will gather expert reports, photographs, and testimony to strengthen your claim.
- Aggressive advocacy. We negotiate strategically but are always ready to take your case to trial if the government refuses to pay what’s fair.
Our role is both legal and human. We know the stress that comes with seeing your private property at risk of being taken forever. We handle the legal fight so you can focus on your family and your future.
Why Experience Matters
Condemnation law is a unique area that blends property law, valuation science, and litigation strategy. Not every attorney understands how to read engineering plans, challenge appraisal methods, or identify procedural violations by government agencies.
Fisher Stark is one of the few firms in Western North Carolina that regularly handles condemnation and eminent-domain cases. Our experience in both trial work and property law gives us the insight to see where the government’s case is weak and the determination to make sure your rights are protected every step of the way.
Perry Fisher, Brad Stark
Talk to a Condemnation Attorney in Asheville
If you’ve received notice that the government or a utility company wants part of your property, don’t face the process alone. The earlier you involve an experienced condemnation attorney, the more options you have to protect your investment and your rights.
Call Fisher Stark, P.A. at (828) 505-4300
Visit: 99 McDowell St, Asheville, NC 28801
Learn more: https://fisherstark.com
We’ll explain the process, evaluate your situation, and stand by you every step of the way.
Because when the government comes for your property, having the right attorney can make all the difference.
We will work hard to get you the justice & fair compensation you deserve. Fisher Stark, P.A. is a highly respected personal injury law firm in Asheville, NC. We provide experienced legal help for clients in Asheville, NC, and all the communities in Western North Carolina. Collectively, our legal team – Perry Fisher, Brad Stark, and Amanda Clark, – have more than 50 years of trial practice and have participated in more than 1,000+ injury cases. Call 828-505-4300 for a free consultation.