North Carolina
City & State Property Eminent Domain
Cities, counties, and state governments own property too, and they’re not immune from having it taken. When a city, county, or state agency finds its own land targeted for condemnation, often by the federal government, it needs the same kind of dedicated, experienced representation any private property owner would seek. Lollar Law represents City/State clients, government and quasi-government entities, when their property is the one being condemned, throughout Virginia, North Carolina, and West Virginia.
When Governments Become the Property Owner Fighting a Taking
It’s easy to think of eminent domain as something governments do to private citizens, but state and local governments own land too, from office buildings and public works facilities to open space and undeveloped parcels held for future public use. When a different condemning authority, most often a federal agency, seeks to take property already owned by a city, county, or state, that government entity becomes the property owner defending its interests, just as a homeowner or business owner would in a private taking.
Lollar Law has represented the Commonwealth of Virginia itself in exactly this position, retained when the federal government sought to take land the state owned. That kind of representation requires the same rigor and the same fight for full and fair compensation that we bring to every case, regardless of whether our client is a family, a farm, or a state government.
Why the Federal Government Sometimes Takes State or Local Land
Federal agencies exercise eminent domain for a range of projects, including military installations, federal highways, national parks and forests, and federally certificated pipelines and utility corridors. These projects don’t stop at the edge of privately owned land; when a project’s footprint crosses property owned by a state, county, or municipality, the federal government can, and does, condemn that publicly owned land just as it would condemn a private parcel.
Heightened Protection When Property Is Already in Public Use
Many states apply a heightened standard, sometimes called the prior public use doctrine, when one government entity seeks to take property that’s already devoted to another public use. The reasoning is straightforward: if land is already serving the public through one government function, a second government entity generally needs to show a genuine, substantial need before displacing that existing use, rather than simply asserting its own priority. This doctrine can be an important tool for a city, county, or state defending its own property against a taking by another authority.
The Same Constitutional Guarantee Applies
A government entity whose property is condemned is entitled to just compensation under the same constitutional guarantee that protects any other property owner. Whether the condemning authority is a federal agency, another state agency, or a private utility exercising delegated eminent domain power, the government entity that owns the property being taken deserves the same full and fair compensation the law requires for anyone else.
Why Choose Lollar Law
We understand the specific legal questions that arise when a government or quasi-government entity is the one whose property is being taken, including real experience representing the Commonwealth of Virginia in exactly this kind of case. We bring that experience to every City/State client facing condemnation throughout Virginia, North Carolina, and West Virginia.
City & State Property Representation
Lollar Law represents cities, counties, state agencies, and other government and quasi-government entities whose property is targeted for condemnation throughout Virginia, North Carolina, and West Virginia. Contact us today to discuss your situation.
Frequently Asked Questions
Yes. Federal agencies can exercise eminent domain over property owned by a state, county, or municipality, most often for projects like military installations, federal highways, national parks and forests, or federally certificated pipelines.
Yes. Lollar Law has represented the Commonwealth of Virginia itself when the federal government sought to take land the state owned.
Yes. The same constitutional just compensation guarantee applies regardless of whether the property owner is a private individual, a business, or a government entity.
It’s a legal principle requiring a condemning authority to demonstrate a genuine, substantial need before taking property that’s already devoted to another public use, rather than simply asserting priority over an existing government function.
This typically happens when a federal project’s route or footprint crosses land already owned by a state, county, or municipality, putting the two governments in the same adversarial position a condemning authority and a private owner would occupy.
Contact Lollar Law to discuss your specific situation and how our fee structure applies to your case.
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