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.
Department of Transportation v. Buch, 11-CVS-10160, 10662
Settlement reached July 26, 2013.