» Eminent Domain

Initial Offer: $35,300 Compensation Obtained: $390,000 1,005% Increase Brief Statement of Claim: The Department of Transportation took approximately 5 acres for expansion /widening of Highway 601; deposit of $35,300; settlement of $390,000 ($354,700 or 1,005% increase). Principal Damages: Partial taking of a farmer’s 9.6 acres of property which could have been rezoned to allow a convenience shopping center with 50,000 to 70,000 square feet of retail development. The taking of 5 acres left the remainder of the parcel unable to be developed for commercial use. Trial or Settlement: Settlement County where Tried or Settled: Union Case Name and Number: Department of Transportation v. Howey, et al., 06-CVS-1076 Date Concluded: Consent Judgment dated April 22, 2010. Attorneys for Defendants: Thomas L. Odom, Jr., The Odom Firm, PLLC of Charlotte.

Initial Offer: $118,800 Compensation Obtained: $215,000 81% Increase Brief Statement of Claim: The Department of Transportation took approximately .6 acres for six lane intersection on Brawley School Road; deposit of $118,800; settlement of $215,000 ($96,200 or 81% increase). Principal Damages: Partial taking of a family’s 4.2 acres (two parcels) of property for placement of above ground power lines and widening of two lane intersection into a four lane intersection with additional turning lanes which was approximately 30% closer to the residential house on the property than the existing intersection. Trial or Settlement: Settlement County where Tried or Settled: Iredell Case Name and Number: Department of Transportation v. Blackwelder, 08-CVS-3951 Date Concluded: Consent Judgment dated November 15, 2010. Attorneys for Defendants: Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte.

Initial Offer: $64,450 Compensation Obtained: $195,000 203% Increase Brief Statement of Claim: The Department of Transportation took approximately .1 acres for a temporary drainage easement on Providence Road; deposit of $64,450; settlement of $195,000 ($130,550 or 203% increase). Principal Damages: Partial temporary taking of an area adjacent to a golf course fairway for a roadway storm drain catch basin which caused substantial increase in the amount of water being disbursed over and across the fairway resulting in a claim for a permanent drainage easement. Trial or Settlement: Settlement County where Tried or Settled: Mecklenburg Case Name and Number: Department of Transportation v. Providence Country Club, et al., 08-CVS-1085 Date Concluded: Consent Judgment dated December 14, 2010. Attorneys for Defendants: Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte.

Initial Offer: $55,300 Compensation Obtained: $200,000 262% Increase Brief Statement of Claim: The Department of Transportation took approximately 2.5 acres for expansion/widening of Highway 601; deposit of $55,300; settlement of $200,000 ($144,700 or 262% increase). Principal Damages: Partial taking of a church’s 30 acres (two parcels) of property which eliminated direct access to Highway 601 from the larger tract because of placement of “controlled-access” curbing and fencing. Trial or Settlement: Settlement County where Tried or Settled: Union Case Name and Number: Department of Transportation v. Trustees of Galilee Baptist Church, et al., 08-CVS-993 Date Concluded: Consent Judgment dated October 7, 2011. Attorneys for Defendants: Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte.

Initial Offer: $786,100 Compensation Obtained: $1,995,000 154% Increase Brief Statement of Claim: The Department of Transportation took approximately 10 acres (2 parcels) for completion of the I-485 loop around Charlotte. There were originally two separate partial takings but the Court granted inverse condemnation claims against the DOT finding that there was a total taking of both parcels which were unified. Original deposit of $786,100; settlement of $1,995,000 ($1,208,900 or 154% increase); inverse condemnation costs and attorneys’ fees award of $29,000. Principal Damages: Originally a partial taking of 10 acres of commercially zoned land being used for residential purposes. Taking resulted in placement of “controlled-access” curbing and fencing completely around the remainder tracts rendering them uneconomic remnants. Court ruled that original taking included the uneconomic remnants and that there was a total taking of the 10 acres. DOT sought to have the Court exclude the commercial zoning from consideration, but the Court denied the DOT’s motion. Trial or Settlement: Settlement County where Tried or Settled: Mecklenburg County Case Name and Number: Department of Transportation v. Buch, 11-CVS-10160, 10662 Date Concluded: Settlement reached July 26, 2013. Attorneys for Defendants: Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte.

Initial Offer: $347,575 Compensation Obtained: $1,505,000 333% Increase Brief Statement of Claim: The Department of Transportation took approximately 5.63 acres for completion of the I-485 loop around Charlotte; deposit of $347,575.00; settlement of $1,505,000.00 ($1,157,425 or 333% increase). Principal Damages: A total taking of 3.656 acres of commercially zoned land being used for residential purposes with a single-family residence. DOT sought to have the Court exclude the commercial zoning from consideration, but the Court denied the DOT’s motion. This was originally a partial taking but the DOT amended, with consent of the property owner after filing an inverse condemnation counterclaim, to take the uneconomic remainder tract. Trial or Settlement: Settlement County where Tried or Settled: Mecklenburg County Case Name and Number: Department of Transportation v. Y. Edward Garrison, 12-CVS-2692 Date Concluded: Settlement reached August 19, 2013. Attorneys for Defendants: Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte.

Initial Offer: $102,375 Compensation Obtained: $1,290,000 1,160% Increase Brief Statement of Claim: The Department of Transportation took approximately 3.656 acres for completion of the I-485 loop around Charlotte; deposit of $102,375; settlement of $1,290,000 ($1,187,625 or 1,160% increase). Principal Damages: A total taking of 3.656 acres of commercially zoned land being used for agricultural purposes owned in a family trust. DOT sought to have the Court exclude the commercial zoning from consideration, but the Court denied the DOT’s motion. Trial or Settlement: Settlement County where Tried or Settled: Mecklenburg County Case Name and Number: Department of Transportation v. CJ Garrison Trust and Mary T Garrison Trust, 12-CVS-2690 Date Concluded: Settlement reached August 19, 2013. Attorneys for Defendants: Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte.

Initial Offer: $150,250 Compensation Obtained: $1,505,000 902% Increase Brief Statement of Claim: The Department of Transportation took approximately 4.94 acres for completion of the I-485 loop around Charlotte; deposit of $150,250; settlement of $1,505,000 ($1,354,750 or 902% increase). This was originally a partial taking of less land but the DOT amended, with consent of the property owner after filing an inverse condemnation counterclaim, to take an additional uneconomic remainder tract. Principal Damages: A partial taking of 4.94 acres of commercially zoned land being used for agricultural purposes with substantial damage to the .4 acre remainder. DOT sought to have the Court exclude the commercial zoning from consideration, but the Court denied the DOT’s motion. Trial or Settlement: Settlement County where Tried or Settled: Mecklenburg County Case Name and Number: Department of Transportation v. Donna Garrison, et ux., et al., 12-CVS-2688 Date Concluded: Settlement reached August 19, 2013. Attorneys for Defendants: Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte.