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Home » Archives for November 2009

Archives for November 2009

Highest & Best Use / Access Taken / No Land: New Hanover County

November 6, 2009 by LandLawNC-DK

CameronIn this 2007 condemnation action, the NCDOT did not take any land from the property owner.  Instead, the taking consisted of four (4) contract access points along a Martin Luther King, Jr. Parkway in Wilmington, North Carolina.  The NCDOT’s initial deposit of $2,375,200 was subsequently increased by $2,298,947 for total deposit of $4,674,147.  Two weeks prior to trial, the NCDOT attempted to “untake” the taking, which was denied by the judge.  Working with her North Carolina eminent domain co-counsel, Ms. Haywood obtained a jury verdict of $16,000,000 plus $86,304 for breach of contract. Expert witness fees and interest totaled $2,266,683.15 for a total payment of $18,352,987.15.

Filed Under: Highest and Best Use, Just Compensation, Land Condemnation, Land Law

Access & Business Damages: Durham County

November 5, 2009 by LandLawNC-DK

Holmes2This condemnation by the NCDOT involved the closing and/or change in grade to access points for this Durham convenience store. After the taking the C-Store and gas pumps remained but the impact to the site was significant. NCDOT deposited $14,959. Ms. Haywood together with her co-counsel obtained a jury verdict of $995,000. The NCDOT appealed and the case settled at the Court of Appeals level for $950,000.

Filed Under: Access & Business Damages, Condemnation, Eminent Domain, North Carolina, Taking

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  • Highest & Best Use / Access Taken / No Land: New Hanover County
  • Access & Business Damages: Durham County
  • Acquisition for Airport Expansion: Moore County
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