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.