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.
Business Whole Taking: Wake County NC
In 2006, Wake County condemned the entire property owned by Defendant for a public off-street parking facility. The County’s highest offer was $415,000 for the property. With the assistance of Raleigh Eminent Domain Law Firm Emmett Boney Haywood, a jury verdict was issued in the amount of $625,000 plus interest and costs.
Inverse Condemnation: Wake County NC
This inverse condemnation case involved the siltation of a pond located in eastern Wake County. The NCDOT had taken a portion of the tract for the construction of the new I-540 Eastern Wake Expressway. Ineffective storm drainage measures caused the siltation of the pond. NCDOT and the contractor settled the inverse claim for a total of $150,000.
Partial Taking with Severance Damages: Wake County
This case involved a partial taking for the Evans Road Widening Project in Cary, North Carolina. The homeowner’s property was located on Evans Road, a two-lane road. The Town of Cary took the owner’s front yard to construct a new four-lane, main roadway. The municipality’s initial offer for this taking was $19,005.00. Working with co-counsel, we negotiated an additional $53,495.00 settlement with severance damages resulting in a total settlement of $72,500.00.
Negotiated Settlement for Whole Taking & Relocation Benefits: Wake County
The NCDOT sought to acquire a .56 acre portion of a 1.13 acre residential tract for right of way purposes, with an initial offer of $126,000, which included the taking of the property’s septic system. There were no remaining suitable soils to support a traditional septic system. As a result the North Carolina property owners would have been required to install an expensive nontraditional septic system on the remaining .57 acre tract. A negotiated settlement was reached by which the NCDOT agreed to purchase the entire property for $284,800 in addition to paying moving and other relocation benefits.
Utility Acquisition: Wake County
In 2008, Carolina Power & Light Company (doing business as Progress Energy Carolinas, Inc.) filed a condemnation action against a real estate development company to install an electrical substation on the company’s property near the downtown Raleigh area. The initial deposit was in the amount of $3,553,085. Together with co-counsel, Ms. Haywood negotiated an out-of-court settlement in the amount of $4,350,000. In some cases, the power of eminent domain extends to private utility takings in North Carolina.
Road Widening Taking: Lee County
NCDOT took a portion of this convenience store property for a road widening project in Lee County, North Carolina. The government’s initial offer for the North Carolina property taken by eminent domain was $3,120.00. During pre-trial hearings, the court ruled that the NCDOT could not establish the existence of some of its claimed existing right-of-way. The case proceeded through trial with the jury returning a verdict of $126,081.47 plus interest and costs.
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.
Taking During Development (Industrial Park): Wake County
In 2002, the NCDOT condemned a partially developed 154-acre portion of land from an ongoing industrial park for the US 64 Bypass Project. As a result, the project split the property, left much of it without access, and limited its developability. The NCDOT’s initial offer was $3,155,000.00. North Carolina Eminent Domain Attorney, Emmett Boney Haywood, represented the development corporation in this condemnation action and negotiated a settlement of $5,200,000.00.
