Partial Taking by NCDOT
for Completion of I-485

Initial Offer: $319,325

Compensation Obtained: $5,750,000

1,701% Increase

Brief Statement of Claim:

The Department of Transportation took approximately 14.348 acres for completion of the I-485 loop around Charlotte; deposit of $319,325; settlement of $5,750,000 ($5,430,675 or 1,701% increase).

Principal Damages:

A partial taking of 14.328 acres of 52.92 acres acres of commercially zoned land being used for agricultural purposes owned by a family trust with a .108 acre drainage easement and a .108 acre utility easement.  DOT sought to have the Court exclude the commercial zoning from consideration, but the Court denied the DOT's motion.  Taking resulted in "controlled-access" to the remainder of the property which caused substantial damage to the remainder and eliminated any commercial use of the remainder.

Trial or Settlement:

Settlement

County where Tried or Settled:

Mecklenburg County

Case Name and Number:

Department of Transportation v. CJ Garrison Trust and Mary T Garrison Trust, 12-CVS-2689

Date Concluded: 

Settlement reached August 19, 2013.

Attorneys for Defendants:

Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte.