In 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.
Acquisition for Airport Expansion: Moore County
In 2006, the Moore County Airport Authority (MCAA) acquired land from a family limited partnership in Moore County, North Carolina for a public roadway right-of-way to relocate a portion of NC Highway 22 and State Road 1843. Emmett Boney Haywood represented the family limited partnership in the North Carolina condemnation action brought by MCAA. The MCAA’s initial deposit was $455,050.00 for 82.5 acres. Mrs. Haywood negotiated a settlement for $705,000.00, $249,950.00 more than the initial deposit, plus the re-conveyance of 10.7 acres, which MCAA had claimed as an uneconomic remnant.
Highest and Best Use: Wake County
This case involved appraisal, wetlands, and other land use issues. Raleigh North Carolina Eminent Domain Attorney, Emmett Boney Haywood, represented the property owners in the NCDOT’s taking of a portion of the property for the construction of the Wake Forest (NC 98) Bypass. The initial offer by the NCDOT was $409,785.00. The project split the property and limited access to the remainder. The jury delivered a verdict of $1,883,805.00.
