Partial Taking by NCDOT for a Temporary Construction Easement
Initial Offer: $3,600
Compensation Obtained: $575,000
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).
Taking of 5.75 acres and construction easement.
Trial or Settlement:
Section 108 Hearing and Settled after Appeals exhausted.
County where Tried or Settled:
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)
June , 2004
Attorneys for Defendants:
Fountain Odom and Tommy Odom, The Odom Firm, PLLC of Charlotte.