Attorneys look to counsel property owners in DOT's path

You might call them “bulldozer chasers.”

Attorneys from a Raleigh law firm are coming to Leland Thursday and Friday to meet with residents and business owners whose properties sit in the path of the Brunswick County leg of the U.S. 17 Wilmington bypass and are being eyed for purchase by the N.C. Department of Transportation.

The attorneys plan to offer property owners free information, background on eminent domain and the condemnation process in North Carolina and tips on how to “maximize their recoveries,” said Josh Hansen, an attorney with the Hansen Law Firm.

Informational sessions will be held from 7:30 to 9:30 p.m. Thursday and noon to 2 p.m. Friday in the club room at Magnolia Greens Golf Plantation, 1800 Linkwood Circle, Leland.

The DOT has begun acquiring right of way for the long-awaited bypass from U.S. 421 in New Hanover County to U.S. 17 in Brunswick County. Land acquisition marks the final step in the highway development process before a construction contract is awarded. For the bypass project, it is a huge undertaking, with more than 150 parcels in the DOT’s sights.

Owners of 15 businesses and 14 residences can expect to be relocated by the DOT, while the others will get offers for parts of their properties, department officials said.

Construction of the first section of the bypass, from U.S. 421 in New Hanover County to U.S. 74/76 east of Malmo in Brunswick County, is expected to begin in three to four years. That will be followed by the segment from U.S. 74/76 to U.S. 17 in Brunswick County.

Buying land for the two segments will cost an estimated $28.1 million and be completed during the next two years. Construction of the remainder of the bypass is expected to cost $307 million, according to preliminary DOT estimates.

Hansen recommends property owners get a copy of government appraisals, have their own appraisals done, keep copies of all documents given to them by the DOT and maintain their properties in a normal manner as the acquisition process progresses.

He also advises owners not to settle for the state’s first offer.

“In my opinion, people do not understand that they don’t have to accept that offer from the state,” Hansen said.

The DOT is trying to buy as much land as possible for as little money as possible, Hansen added.

“If you don’t take action to make sure you get your full just compensation, you won’t get that full amount,” he said.

Eric Ray, senior right-of-way agent for DOT Division 3, said property owners are free to hire attorneys but most owners already have a good idea of what their properties are worth. The DOT is willing to negotiate with owners on an appropriate price, he said.

“We don’t try to cheat people out of their money or their land,” Ray said.

Hansen acknowledges that the actions of attorneys could drive up the price of the taxpayer-funded project. But Hansen said a “greater tragedy” would be forcing a property owner to accept less than the fair value for property being taken against his will.

“Our Constitution requires that the government pay ‘just compensation’ when acquiring property for the public use,” Hansen wrote in an e-mail.

Hansen said it’s not unusual for his law firm and others to contact property owners affected by road construction across North Carolina.

For right-of-way acquisition cases, attorneys typically charge clients a fee of about one-third of the difference between the DOT offer and the amount the property owner eventually gets from the state, Hansen said.

He said attorneys would answer any residents’ questions at the meetings Thursday and Friday.

“We’ll stay as long as possible,” he said.

Patrick Gannon: 343-2328

patrick.gannon@starnewsonline.com