» Eminent Domain

Initial Offer: $85,200 Compensation Obtained: $277,500 $192,300 or 226% Increase Brief Statement of Claim: The City of Charlotte took .893 acres of fee simple inside existing of right-of-way, fee simple outside of existing right-of-way, slope easement, storm drainage easement and temporary construction easement in connection with the Baucom Road Connector Project. Trial or Settlement: Settlement County: Mecklenburg County Case Name and Number: Davidson County Airport Authority v. Richard John Baustert and Wife, Connie H. Baustert; James Paul Baustert, and Wife, Edna M. Baustert; and Any Other Parties in Interest, 16-CVS-2249 Date Concluded: Settlement reached May 2018. Attorneys for Defendants: David Murray and Tommy Odom, The Odom Firm, PLLC of Charlotte, NC.

Initial Offer: $522,000 Compensation Obtained: $830,000 $308,000 or 59% Increase Brief Statement of Claim: The Davidson County Airport Authority took 3.197 acres to maintain, improve, operate and develop the airport runway and better utilize its existing properties for aviation purposes. Trial or Settlement: Settlement County: Davidson County Case Name and Number: Davidson County Airport Authority vs. Cerodes, Inc and Bass Food Mart, Inc., 16-CVS-823 Date Concluded: Settlement reached May 2017. Attorneys for Defendants: David Murray and Tommy Odom, The Odom Firm, PLLC of Charlotte, NC.

Initial Offer: $1,159,800 Compensation Obtained: $2,252,750 94% Increase Case Name: NCDOT v. Warehouse Solutions of Charlotte Date Concluded: June 2017 The NCDOT took .09 acres of land for construction of a new grade separation bridge on Sugar Creek Road which resulted in loss pf primary access to the property. Read full story here. Attorneys for Landowners: David Murray, The Odom Firm, PLLC of Charlotte, NC.

Initial Offer: $157,000 Compensation Obtained: $1,013,000 545% Increase Lawyers Weekly: Oct 15, 2007 This case arose when the plaintiff, the N.C. Department of Transportation, filed a condemnation action on March 2 2005. The plaintiff took 3.1 acres of the defendant land owner’s 19.9-acre horse farm for a relocated service road that was needed for a new interchange on 1-77 in Iredell County. The plaintiff deposited $157,000 upon filing the action. The jury awarded $1,013,000 ($856,000 or 545% increase) in damages. Judgment on the verdict awarded an additional $155,000 in post-taking interest and $21,000 in costs for expert witness fees. The final award of just compensation was $1,191,000. The defendant and her late husband purchased the property in 1972, built their home, raised their family and for many years grew hay and boarded and trained horses on it. The plaintiff’s partial taking left the defendant with a 14-acre parcel of property and an irregular 2.6-acre parcel. One of the defendant’s witnesses, an MM real estate appraiser, said the difference in the fair market value of the property before and after the taking was $I,013,000. Another witness, an expert in land use and zoning, said the original 19.9-acre property had the reasonable probability of being rezoned before value, and the taking affected the reasonable probability of rezoning the 2.6-acre parcel. Also, an expert in landscape architecture, land planning and construction drawings for roads and highways for DOT approval, illustrated and explained the improvements and the effect of the taking on the property. The plaintiff stated in opening statements that it would present evidence of a value between $127,000 and $157,000. However, the plaintiff did not submit any evidence at trial. After the court entered judgment on the verdict on June 27, 2007, the plain-tiff filed notice of appeal. While the appeal was pending, the parties voluntarily agreed to resolve all issues, and an amended judgment on the verdict was entered in May 2007. In that judgment, the plaintiff was ordered to pay into court a sum of $1,011,346 in addition to the $157,000 that the plaintiff had deposited with the clerk of court.

Initial Offer: $586,000 Compensation Obtained: $986,000 68% Increase Brief Statement of Claim: DOT took 6196 square feet of land and 18,000 square foot building for train station in uptown Charlotte; deposit of $586,000; settled at mediation for $986,000 ($400,000 or 68% increase). Principal Damages: Total taking of landowner’s 6196 square feet of land and 18,000 square foot building as an art gallery, performing arts venue, and artist studios. Trial or Settlement: Settled at mediation. County where Tried or Settled: Mecklenburg Case Name and Number: DOT vs. Hart, et al, 03-CVS-2005 Date Concluded: August, 2004 Attorneys for Defendants: Thomas L. Odom, Jr. and T. LaFontine Odom, Sr., The Odom Firm, PLLC of Charlotte.

Initial Offer: $3,600 Compensation Obtained: $575,000 15,872% Increase Brief Statement of Claim: DOT filed condemnation action for temporary construction easement of 6,663 square feet for new highway; deposit of $3,600; counterclaim by landowner for inverse condemnation of 5.75 acres; landowner prevailed at Section 136-108 hearing over DOT’s argument that the 5.75 acres had been dedicated; DOT appealed; Court of Appeals Affirmed; Supreme Court denied Certiorari; Settlement of $575,000 ($571,400 or 15,872% increase). Principal Damages: Taking of 5.75 acres and construction easement. Trial or Settlement: Section 108 Hearing and Settled after Appeals exhausted. County where Tried or Settled: Mecklenburg Case Name and Number: DOT v. Elm Land Co., et al, 00-CVS-18104; 163 N.C. App 257, 593 S.E. 2d 131, cert denied, 358 N.C. 542, 599 S.E. 2d 42 (2004) Date Concluded: June , 2004 Attorneys for Defendants: Fountain Odom and Tommy Odom, The Odom Firm, PLLC of Charlotte.

Initial Offer: $845,500 Compensation Obtained: $2,000,000 137% Increase Brief Statement of Claim: City took 3.6 acres for airport purposes; deposit of $845,500; jury verdict of $2,000,000 ($1,154,500 or 137% increase); interest from the date of deposit $169,724; $44,874 in costs taxed against the City for deposition expenses and expert witness expenses. Principal Damages: Total taking of husbands and wife’s 3.6 acres of income-producing property used for a rental car business and airport parking prior to the taking. Trial or Settlement: Trial (Two Weeks) County: Mecklenburg Case Name and Number: City of Charlotte vs. Hurlahe, et al., 02-CVS-22903 Date Concluded: Judgment dated November 9, 2004. Attorneys for Defendants: Tommy Odom and Fountain Odom, The Odom Firm, PLLC of Charlotte.

Initial Offer: $252,000 Compensation Obtained: $412,775 64% Increase Brief Statement of Claim: The Board of Education took 4.3 acres for an elementary school; deposit of $252,000; jury verdict of $412,775 ($160,775 or 64% increase); interest from the date of deposit $14,773.68; $1,834.55 in costs taxed against the Board of Education for mediation and deposition expenses. Principal Damages: Total taking of mother and son’s 4.3 acres (two parcels) of property with three small rental houses which could have been developed into a subdivision. Trial or Settlement: Trial (One Week) County where Tried or Settled: Mecklenburg Case Name and Number: Charlotte-Mecklenburg Board of Education v. Chronister, 08-CVS-7785; Charlotte-Mecklenburg Board of Education v. Chronister, 08-CVS-7786 Date Concluded: Judgment dated June 15, 2009. Attorneys for Defendants: Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte. Verdict Published in North Carolina Lawyer’s Weekly, February 1, 2010