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.


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