Total Taking by NCDOT
for Completion of I-485

Total Taking by NCDOT </b…

Initial Offer: $786,100

Compensation Obtained: $1,995,000

154% Increase

Brief Statement of Claim:

The Department of Transportation took approximately 10 acres (2 parcels) for completion of the I-485 loop around Charlotte.  There were originally two separate partial takings but the Court granted inverse condemnation claims against the DOT finding that there was a total taking of both parcels which were unified.  Original deposit of $786,100; settlement of $1,995,000 ($1,208,900 or 154% increase); inverse condemnation costs and attorneys' fees award of $29,000.

Principal Damages:

Originally a partial taking of 10 acres of commercially zoned land being used for residential purposes.  Taking resulted in placement of "controlled-access" curbing and fencing completely around the remainder tracts rendering them uneconomic remnants.  Court ruled that original taking included the uneconomic remnants and that there was a total taking of the 10 acres.  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. Buch, 11-CVS-10160, 10662

Date Concluded: 

Settlement reached July 26, 2013.

Attorneys for Defendants:

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

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