» Eminent Domain

Partial Taking by NCDOT for HWY Expansion

Initial Offer: $119,300 Settlement Amount: $900,000 Name of Case: Turnpike Authority (DOT) v. Howey Date of Settlement: February, 2021. Attorney for Defendant: Thomas (“Tommy”) L. Odom, Jr., The Odom Firm, PLLC, Charlotte. Description of the case, the evidence presented, the arguments made and/or other useful information: The DOT took 8 acres of the 36 acre Howey Family property for the Monroe Bypass. The taking severely damage the property by (1) landlocking 13 acres, (2) leaving the remaining 15 acre remnant with a water and drainage problem because the raised bypass acted as a dam that disrupted the natural flow of the surface water and (3) preventing portions of the property from being used for valuable stream and wetland mitigation bank restoration credits. Prior to the taking the highest and best use of the property was for residential development in conjunction with adjoining property that Howey also owned an interest. In the after condition, only a small portion of the 15 acre remnant was possible for development because of the water problems caused by the raised bypass that prevented the natural flow of the surface water, the 13 acre landlocked remnant had minimal value, and the property was no longer a valuable stream and wetland restoration mitigation bank candidate.

Partial Taking for HWY Expansion

Amount of original deposit made by the NCDOT: $61,725 Settlement Amount: $650,000 Name of Case: Turnpike Authority (DOT) v. Poplin Date of Settlement: February, 2021. Attorney for Defendants: Thomas (“Tommy”) L. Odom, Jr., The Odom Firm, PLLC, Charlotte Description of the case, the evidence presented, the arguments made and/or other useful information: The DOT took almost 6 acres of the 110 acre Poplin Family property for the Monroe Bypass. The taking damaged the two remaining remnants by landlocking 4 acres and leaving the remaining 100 acres damaged. Prior to and after the taking the highest and best use of the property was for residential development. In the after condition, the remaining 100 acres not landlocked (1) would require an expensive buffer area to attempt to mitigate the damages to the residential use caused by the noise and proximity to the bypass and (2) lost approximately 11 lots because of the bypass, the landlocked 4 acres and the buffer area.

Partial Taking by City of Charlotte

Amount of original deposit made by the City: $219,200.00 Name of Case: City of Charlotte v. TA&S Enterprises of NC, Inc. Date of Consent Judgement: July 9, 2021 Settlement Amount: $1,070,000.00 Attorney for Defendant: Thomas (“Tommy”) L. Odom, Jr., The Odom Firm, PLLC, Charlotte Description of the case, the evidence presented, the arguments made and/or other useful information: Prior to the taking, TA&S’s 51,101 sf (1.242 acres) property was located 1 mile from the Charlotte City Center with its highest and best use as multi-family mixed use project with a probable 87 units. The City took the following: (1) Fee Simple- 12,391 sf, (2) Utility and sidewalk easements (“easements”) – 7381 sf, and (3) Temporary construction easements (“TCE”) of approximately 22,544 sf. With respect to the TCE’s, the City originally took the 9,715 sf with the filing of the complaints and later the City acknowledged the inverse condemnation of an additional 12,829 sf of TCE for the 5 years between the date of taking and end of the project. The City originally filed 4 separate actions based upon two separate projects against the 4 adjacent parcels all owned by the Landowner. Landowner moved to consolidate the 4 actions and to find that all 4 parcels were one unified tract and that a new taking map be filed showing the unified tract and all of the takings. This motion was granted with the consent of the City. Later, during the project which lasted over 5 years, it became easily apparent that substantial additional portions of Landowner’s land was being used as additional TCE for the project. The landowner filed an inverse condemnation action for this additional TCE taking. The City acknowledged this additional inverse condemnation taking and the inverse condemnation taking of a 6,107 sf alleyway that Landowners had a tenant in common ownership interest in. Both the Landowner’s appraiser and the City’s appraiser concluded that the TCE for 5 years caused substantial economic delay damages to the remnant/remainder property in addition to the taking of the fee simple and easements. The case was settled at mediation.

Monroe Bypass Inverse Condemnation

Compensation Obtained: $125,000 Brief Statement of Claim: The NCDOT obtained a drainage easement along the property line of the landowner’s property. During large rain events, the NCDOT’s drainage culvert would overflow onto the landowner’s property causing substantial flooding across approximately 3 acres. This occurred because the NCDOT had not properly calculated the amount of runoff that would be produced by the new highway next to the property. The NCDOT paid $90,000 for damages to the property and $35,000 for costs to cure the drainage issues so that the landowner could build a new culvert along his property. Initial offer/deposit: $0.00 Settlement amount: $125,000.00 Case Name: Pre-filing (Union County) Date Concluded: April 2021 Attorneys for Landowners: David W. Murray

Taking of Gas Easement In Front of Residential Property

Initial Offer: $8,065 Compensation Obtained: $50,000 520% Increase Brief Statement of Claim: A gas company took a permanent natural gas easement for a transmission line along the front property line of a developed, wooded residential lot. The gas easement also crossed over an access road to the property. Initial offer/deposit: $8,065.00 Settlement amount: $50,000.00 ($41,935 or 520% increase) Case Name: Pre-filing (Union County) Date Concluded: May 2018 Attorneys for Landowners: David W. Murray

Taking of Gas Easement Through Open Lot

Initial Offer: $39,400 Compensation Obtained: $80,000 103% Increase Brief Statement of Claim: A gas company took a permanent natural gas easement for a transmission line to a power plant along the property line of an undeveloped, wooded residential lot. Initial offer/deposit: $39,400.00 Settlement amount: $80,000.00 ($40,600 or 103% increase) Case Name: Pre-filing (Lincoln County) Date Concluded: September 2019 Attorneys for Landowners: David W. Murray

Taking of Pipeline Easement Through Future Subdivision

Initial Offer: $9,600 Compensation Obtained: $155,000 1,515% Increase Brief Statement of Claim: A Natural Gas Company took a permanent pipeline easement and a temporary construction easement across the family’s property in order to build a new natural gas transmission pipeline through the property to a power plant. The number of lots available for residential development and subdivision of the property were reduced as a result of the taking. Initial offer/deposit: $9,600.00 Settlement amount: $155,000.00 ($145,400.00 or 1,515% increase) Case Name: Piedmont Natural Gas v. Eagle-Wood, Inc. (Lincoln County) Date Concluded: January 2020 Attorneys for Landowners: David W. Murray

Temporary Access Easement to Gas Pipeline

Initial Offer: $15,300 Compensation Obtained: $170,000 1,044% Increase Brief Statement of Claim: A Natural Gas Company took a temporary access easement and a temporary construction easement across the church’s property in order to provide a driveway to an existing natural gas transmission pipeline on the rear of the property. The gas company must restore the church’s property after use of the easement. Initial offer/deposit: $15,300.00 Settlement amount: $170,000.00 ($154,700.00 or 1,044% increase) Case Name: Piedmont Natural Gas v. Rod of God Center, Inc. (Mecklenburg County) Date Concluded: July 2020 Attorneys for Landowners: David W. Murray

Total Taking by City
for Charlotte Airport Expansion

Initial Offer: $4,492,000.00 Compensation Obtained: $8,350,000.00 186% Increase Brief Statement of Claim: The City of Charlotte threatened to take 7.923 acres owned by two Family Limited Liability Corporations for the Charlotte Douglas International Airport Expansion. The Odom Firm informed the City that it intended to contest any attempted taking. Thereafter, The Odom Firm negotiated a settlement & purchase contract for $8,350,000. Principal Damages: Total taking of one income-producing property being rented for overflow airport parking and one vacant property that could have been used for airport parking. City’s Initial Offers: 4.123 Acres: $2,425,000.00 3.8 Acres: $2,067,000.00 Trial or Settlement: Settlement County: Mecklenburg Date Concluded: January 2020 Attorneys for Defendant: Tommy Odom and David Murray, The Odom Firm, PLLC of Charlotte.

Partial Taking by NCDOT
for Completion of Monroe Bypass

Initial Offer: $110,750.00 COMPENSATION OBTAINED: $200,000.00 81% Increase Brief Statement of Claim: The Department of Transportation took approximately .07 acres of land for completion of the Monroe Bypass Project; deposit of $110,750; settlement of $200,000 ($89,250 or 81% increase). Principal Damages: A partial taking of .025 acres of .564 acres of commercially zoned land being used as a chiropractic office with a .009 permanent drainage/utility easement, a .003 acre drainage easement, a .032 acre utility easement, and a .001 acre temporary construction easement. Trial or Settlement: Settlement County: Union County Case Name: Department of Transportation vs. H & E Properties, LLC, et al. Date Concluded: Settlement reached June 13, 2019. Attorney for Defendant: David Murray, The Odom Firm, PLLC of Charlotte.

Warning: Attempt to read property "rewrite" on null in /home/mecklawespresso/public_html/wp-content/themes/themodernfirm-framework/classes/directory.php on line 79

Warning: Trying to access array offset on value of type null in /home/mecklawespresso/public_html/wp-content/themes/themodernfirm-framework/classes/directory.php on line 79

News

Jul
28
Apr
27
The North Carolina Advocates for Justice Annual Convention is June 16-18th in Charlotte, NC this year! The Odom Firm is a sponsor for this event. Tommy Odom will be presenting the Eminent Domain case and statutory law updates from May 21, 2018 to Jun… Read More
Apr
27
The North Carolina Advocates for Justice Eminent Domain Section CLE Seminar is back this Spring after 2 years! Tommy Odom is a featured presenter at the Eminent Domain CLE Seminar on May 12, 2022 in Raleigh, NC. Tommy will discuss “Gas Pains – De… Read More
Mar
16
Each year, North Carolina Lawyers Weekly publishes an annual review of the top verdicts and settlements obtained in North Carolina. The Odom Firm’s $8,300,000 settlement with the City of Charlotte for the acquisition of land near the airport ra… Read More
Nov
11
Tommy Odom, with former NC Supreme Court Justice Robert N. Hunter, Jr., has planned the NC Bar Association 2020 Constitutional Rights and Responsibilities Section CLE titled “COVID-19 v. The Constitution: The New Normal?” Tommy invites al… Read More