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.

News

Mar
7
We are proud to announce that The Odom Firm, PLLC has been named a Tier 1 firm in Charlotte for Eminent Domain & Condemnation Law by U.S. News – Best Lawyers® “Best Law Firms” in 2019! Read more about the selection process… Read More
Nov
19
Click "Read more" to view the video. Read More
Oct
15
Attorney David Murray obtained a decision from the Mecklenburg County Superior Court reversing a City of Charlotte Zoning Board of Adjustment (“ZBA”) decision which found his client in violation of the City of Charlotte Zoning Ordinance for its o… Read More
Oct
1
Attorney David Murray applied his knowledge of property law and land valuation to obtain a 1.7 million dollar settlement for his clients against a developer who he believed was violating the restrictive covenants on and around the landowners’ p… Read More
Apr
16
Eminent domain is the government’s power to take private land for public use. This power stems from the Fifth Amendment to the Constitution, so although it may seem like the government is overreaching when it tries to take your land, this right… Read More