Partial Taking by NCDOT
for a Temporary Construction Easement

Partial Taking by NCDOT <…

Initial Offer: $3,600

Compensation Obtained: $575,000

15,872% Increase

Brief Statement of Claim:

DOT filed condemnation action for temporary construction easement of 6,663 square feet for new highway; deposit of $3,600; counterclaim by landowner for inverse condemnation of 5.75 acres; landowner prevailed at Section 136-108 hearing over DOT's argument that the 5.75 acres had been dedicated; DOT appealed; Court of Appeals Affirmed; Supreme Court denied Certiorari; Settlement of $575,000 ($571,400 or 15,872% increase).

Principal Damages:

Taking of 5.75 acres and construction easement.

Trial or Settlement:

Section 108 Hearing and Settled after Appeals exhausted.

County where Tried or Settled:

Mecklenburg

Case Name and Number:

DOT v. Elm Land Co., et al, 00-CVS-18104; 163 N.C. App 257, 593 S.E. 2d 131, cert denied, 358 N.C. 542, 599 S.E. 2d 42 (2004)

Date Concluded:

June , 2004

Attorneys for Defendants:

Fountain Odom and Tommy Odom, The Odom Firm, PLLC of Charlotte.

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