Partial Taking by NCDOT
for Completion of I-485

Partial Taking by NCDOT <…

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.

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