GREENSBORO, N.C.—Womble Bond Dickinson lawyer Mike Thelen regularly advises clients on eminent domain issues. Recently, he shared his thoughts on North Carolina's eminent domain law and an ongoing dispute in Greensboro with the Triad Business Journal.
The City of Greensboro is looking to build two new downtown parking decks. To do so, city council members recently voted to take a downtown easement via eminent domain. The property currently is used by the Cone Denim Entertainment Center as a loading area for concert performers. The center's owners say losing this space would hinder their ability to host live performances and have said they will file an injunction to stop the city.
Thelen told the Triad Business Journal that the entertainment center's owners may find a sympathetic ear in the courts.
"There is a climate right now where the taking power is looked at with significant scrutiny. Judicially and legislatively, the taking power by state and local governments is being looked at closely and private property rights are being looked at more favorably," he said.
However, he said it remains difficult for a court in North Carolina to stop a city from exercising its eminent domain power if a city council is determined to move forward.
Click here to read "Greensboro's use of eminent domain comes as the process is eyed with 'more suspicion'" in the Triad Business Journal (subscription required).
Mike Thelen shepherds clients through real estate controversies. Whether mired in controversy involving a piece of real estate, or controversial real estate development proposals. Thelen's far flung experience as a federal judicial clerk in Wyoming, a commercial litigator in Manhattan, and a real estate lawyer with Womble Bond Dickinson in Raleigh equips him to bring formidable, representation and creative perspectives to bear for his clients.
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