Total Taking by NCDOT for Completion of I-485
Initial Offer: $786,100
Compensation Obtained: $1,995,000
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.
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:
County where Tried or Settled:
Case Name and Number:
Department of Transportation v. Buch, 11-CVS-10160, 10662
Settlement reached July 26, 2013.
Attorneys for Defendants:
Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte.