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

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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 b… Read More
Sep
15
The Odom Firm is proud to announce that attorney David Murray has been selected to The Best Lawyers in America 2021 for his work in land use and zoning law.  This is David’s 1st year being selected to the Best Lawyers publication.  David is t… Read More
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The Odom Firm is proud to announce that attorney Tommy Odom has been selected to The Best Lawyers in America 2021 for his work in eminent domain and land condemnation law.  This is Tommy’s 11th year being selected to the Best Lawyers publicati… Read More
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The Odom Firm Gets Millions for Property Owner with Land Near Airport The City of Charlotte has opted to avoid the potential turbulence of a condemnation action and agreed to pay $8.35 million for eight acres of land earmarked for the expansion… Read More
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One of the Constitutional Rights Council’s goals is to increase public awareness of the U.S. Constitution. The section sponsors CLE programs and services, provides members with a substantive newsletter and helps mold the association&… Read More