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
16
Each year, North Carolina Lawyers Weekly publishes an annual review of the top verdicts and settlements obtained in North Carolina. The Odom Firm’s $8,300,000 settlement with the City of Charlotte for the acquisition of land near the airport ra… Read More
Jan
15
The Odom Firm is proud to announce that attorney David Murray has been selected for inclusion in the 2021 North Carolina Super Lawyers Rising Stars (under 40) list for his work in Eminent Domain law. This is David’s 7th year being selected to t… Read More
Nov
11
Tommy Odom, with former NC Supreme Court Justice Robert N. Hunter, Jr., has planned the NC Bar Association 2020 Constitutional Rights and Responsibilities Section CLE titled “COVID-19 v. The Constitution: The New Normal?” Tommy invites al… Read More
Nov
11
The Odom Firm has been awarded a Tier 1 ranking by U.S. News & World Report “Best Law Firms” for its Eminent Domain and Land Condemnation practice. This is the 12th year that the Firm has obtained a Tier 1 ranking. The Odom Firm remai… Read More
Sep
28
The Odom Firm’s team of David Murray, Tommy Odom, Keren Patrick and Andy Patrick participated in the annual “Clays for Conservation” tournament in Norwood, NC, which benefits the Catawba Lands Conservancy. While the team did not bri… Read More