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Partial Taking by NCDOT for Completion of I-485
Initial Offer: $319,325 Compensation Obtained: $5,750,000 1,701% Increase Brief Statement of Claim: The Department of Transportation took approximately 14.348 acres for completion of the I-485 loop around Charlotte; deposit of $319,325; settlement of $5,750,000 ($5,430,675 or 1,701% increase). Principal Damages: A partial taking of 14.328 acres of 52.92 acres of commercially zoned land being used for agricultural purposes owned by a family trust with a .108 acre drainage easement and a .108 acre utility easement. DOT sought to have the Court exclude the commercial zoning from consideration, but the Court denied the DOT’s motion. Taking resulted in “controlled-access” to the remainder of the property which caused substantial damage to the remainder and eliminated any commercial use of the remainder. 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-2689 Date Concluded: Settlement reached August 19, 2013. Attorneys for Defendants: Tommy Odom and David Murray, The Odom Firm, PLLC of Charlotte.
Partial Taking by NCDOT for Completion of I-485
Initial Offer: $369,650 Compensation Obtained: $1,050,000 184% Increase Brief Statement of Claim: The Department of Transportation took approximately 8.002 acres and additional easements for completion of roadway improvements related to the completion of the I-485 loop around Charlotte; deposit of $369,650; settlement of $1,050,000 ($680,350 or 184% increase). Principal Damages: A partial taking of 8.002 acres of 70.565 acres of residentially zoned land being used for agricultural purposes (from 4 separate parcels in 2 consolidated cases) and taking for various utility, drainage and construction easements totaling approximately 3 acres. The property owners previously sold a large portion of the land for the location of I-485 to the DOT but additional area was needed by the DOT. Trial or Settlement: Settlement County where Tried or Settled: Mecklenburg County Case Name and Number: Department of Transportation v. Doris Maxwell, et al., 11-CVS-21069; 21918 Date Concluded: Settlement reached December 4, 2013. Attorneys for Defendants: Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte.
Total Taking by NCDOT for Completion of I-485
Initial Offer: $324,000 Compensation Obtained: $1,100,000 240% Increase Brief Statement of Claim: The Department of Transportation took approximately 4.713 acres for completion of roadway improvements related to the completion of the I-485 loop around Charlotte; deposit of $324,000; settlement of $1,100,000 ($776,000 or 240% increase). Principal Damages: A total taking of 4.713 acres of residentially zoned land being used for residential purposes. The highest and best use of the property was commercial and the property had a high likelihood of rezoning. Trial or Settlement: Settlement County where Tried or Settled: Mecklenburg County Case Name and Number: Department of Transportation v. Perkins, 11-CVS-20449 Date Concluded: Settlement reached August 14, 2013. Attorneys for Defendants: Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte.
Partial Taking by NCDOT for Completion of I-485
Initial Offer: $432,150 Compensation Obtained: $750,000 74% Increase Brief Statement of Claim: Partial taking of multifamily residential site for completion of the I-485 loop around Charlotte; deposit of $432,150; settlement of $750,000 ($317,850 or 74% increase) Trial or Settlement: Settlement County Where Tried or Settled: Mecklenburg Case Name and Number: Department of Transportation v. Mulvaney Group, Ltd. 12-CVS-5296 Date Concluded: Settlement in January 2013 Attorneys for Defendants: Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte
Partial Taking by NCDOT for Completion of I-485
Initial Offer: $303,025 Compensation Obtained: $764,000 152% Increase Brief Statement of Claim: The Department of Transportation took approximately 10.084 acres and additional easements for completion of roadway improvements related to the completion of the I-485 loop around Charlotte; deposit of $303,025; settlement of $764,000 ($460,975 or 152% increase). Principal Damages: A partial taking of 10.084 acres of 23.485 acres of residentially zoned land being used for residential and agricultural purposes and taking for various utility, drainage and construction easements. The property was split in half by the taking. The highest and best use of the property was disputed. Trial or Settlement: Settlement County where Tried or Settled: Mecklenburg County Case Name and Number: Department of Transportation v. Thompson, 12-CVS-4320 Date Concluded: Settlement reached March 20, 2014. Attorneys for Defendants: Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte.
Partial Taking by NCDOT for I-95 Roadway Improvements
Initial Offer: $97,850 Compensation Obtained: $290,000 196% Increase Brief Statement of Claim: The Department of Transportation took approximately .329 acres and additional easements for completion of roadway improvements related to ramp improvements over I-95 in Lumberton; deposit of $97,850; settlement of $290,000 ($192,150 or 196% increase). Principal Damages: A partial taking of .329 acres of 2.239 acres of commercially zoned land being used for a convenience store gas station and taking for various utility, drainage and construction easements. Trial or Settlement: Settlement County where Tried or Settled: Robeson County Case Name and Number: Department of Transportation v. Sonny Oliver Realty Co., 12-CVS-551 Date Concluded: Settlement reached July 10, 2014. Attorneys for Defendants: David W. Murray, The Odom Firm, PLLC of Charlotte.
Partial Taking in Charlotte by NCDOT for Hwy I-74 Widening
Initial Offer: $248,650 Compensation Obtained: $460,000 85% Increase Brief Statement of Claim: The Department of Transportation took approximately .133 acres and additional easements for completion of roadway improvements related to the completion of the widening of I-74 (Independence Blvd.) in Charlotte; deposit of $248,650; settlement of $460,000 ($211,350 or 85% increase). Principal Damages: A partial taking of .133 acres of 2.209 acres of commercially zoned land being used for commercial purposes (from 3 separate parcels in 3 consolidated cases) and taking for various utility, drainage and construction easements. The majority of the damage suffered was from the proximity of the new lanes to the buildings on the property (being used by market, restaurant and car rental businesses). Trial or Settlement: Settlement County where Tried or Settled: Mecklenburg County Case Name and Number: Department of Transportation v. Marinakos (12-CVS-22535); Marinakos (12-CVS-22556); Liberty Foods East (12-CVS-22082) Date Concluded: Settlement reached August 19, 2015. Attorneys for Defendants: David W. Murray and Thomas L. Odom, Jr., The Odom Firm, PLLC of Charlotte.
Partial Taking by City of Charlotte for LYNX Light Rail Expansion
Initial Offer: $243,817 Compensation Obtained: $384,199 58% Increase Brief Statement Of Claim: The City of Charlotte took approximately .22 acres and additional easements for completion of roadway improvements related to the completion of the Lynx Blue Line light rail on N. Tryon St. in Charlotte in front of a Verizon Wireless store. Initial offer/deposit: $243,817.00 Settlement amount: $384,199.00 ($140,382.00 or 58% increase) Case Name: City of Charlotte v. Tryon, LLC Date Concluded: October 2015. Attorneys for Defendants: David W. Murray
Partial Taking by NCDOT for I-74 Widening
Initial Offer: $11,925 Compensation Obtained: $135,000 1,032% Increase Brief Statement of Claim: The Department of Transportation took approximately .437 acres and additional easements for completion of roadway improvements related to the completion of the widening of I-74 near Shelby. The majority of the damage was because the DOT eliminated direct access to I-74 which caused the new access at the rear of the property to cross a regulated stream leaving the property almost inaccessible. Initial offer/deposit: $11,925.00 Settlement amount: $135,000.00 ($123,075.00 or 1,032% increase) Case Name: Department of Transportation v. Parker Date Concluded: November 2015. Attorneys for Defendants: David W. Murray and Thomas L. Odom, Jr.
Partial Taking by NCDOT for Davidson Hwy Widening
Initial Offer: $248,650 Compensation Obtained: $575,000 131% Increase Brief Statement of Claim: The Department of Transportation took approximately .157 acres and additional easements for completion of roadway improvements related to the completion of the widening of Davidson Highway (Hwy 73) in Concord, NC. The taking caused the existing convenience store gas station on the property to close and required total redevelopment of the store site. Case Name: Department of Transportation v. Prime Business, LLC Date Concluded: December 2015 Attorneys for Landowners: David Murray and Tommy Odom, The Odom Firm, PLLC of Charlotte, NC.