North Carolina Eminent Domain Lawyer

  • Who We Are
    • Our Attorneys
      • Emmett Boney Haywood
      • Steven C. Newton, II
  • What We Do
    • Our Process
    • Eminent Domain FAQs
  • Notable Cases
  • News
  • Contact
The NC Eminent Domain and Land Law Practice of Emmett Boney Haywood
(919) 781-1311
Home » Road Widening

Making the Property Owner Whole

January 5, 2015 by LandLawNC-DK

Not all cases involve verdicts of more than seven figures, but all condemnation cases are important to the property owner whose property has been taken by the government.

Four (4) recent jury verdicts Ms. Haywood and Mr. Newton obtained illustrate the concept of making a property owner whole, being creative, taking a stand and being persistent.

Jury Trial 1 (Wake County):

This case involved a small taking for a greenway easement from a homeowner in Holly Springs, NC.  The Town deposited $8,390 as its estimate of just compensation.  The Town’s two (2) appraisers contended that the greenway did not damage the property.  They did not value the house located on the property because they contended it was not affected.  The property owner’s appraiser testified to $135,000 in damages and a local realtor testified to damages of $150,000.

At first, the greenway seemed relatively innocuous, but the path was hidden in the woods and crossed the driveway leading to the house, severing part of the property and creating safety and liability concerns.  The jury returned a verdict of $145,000 to which interest and costs were added.

Jury Trial 2 (Johnston County):

This case involved a strip taking from a small neighborhood shopping center for the widening of the busy NC 42 in Clayton, NC.  The most damaging aspect of the taking was the installation of a median, which prevented left turns in and out of the shopping center.  The judge ruled that no damages could be attributed to the median because the median was installed under the state’s police power for the safety of the travelling public.

The taking did, however, cause the property to be nonconforming with the Town’s thoroughfare buffer requirement and placed the parking only five (5) feet from the new right of way.  We argued even though the DOT was not technically using the new right of way, the property owner needed to be paid for rights acquired.  The DOT deposited $41,100.  The property owner’s trial testimony was $320,000 and the DOT’s two (2) appraisers testified to $48,550.  The verdict was $210,270.80 to which interests and costs were added.

Jury Trial 3 (Carteret County):

This case involved a total taking for a bridge approach in Beaufort, NC.  The property was improved with an airplane hangar built in 1954.  The property was located across from a marina and adjacent to the local airport.  It had been successfully rented for a number of years, most recently to boat builders.  The DOT deposited $161,610.

At trial the DOT’s appraiser testified to $180,550.  The only witness for the property owner was the property owner herself who testified that to replace the rent she was losing she would have to spend $350,000 for a replacement property.  The jury returned a verdict of $345,000 to which interest and costs were added.

Jury Trial 4 (Forsyth County):

This case involved the total taking of an approximately one (1) acre tract plus two (2) buildings operated as a salvage merchandise business.  The DOT had first contacted the property owner ten (10) years before the taking to tell him his property would be taken, but kept delaying the project.  The DOT appraiser testified that the value of the property taken was $491,800.  The property owner’s appraisal witness testified that the property owner was entitled to recover $796,000.  In addition, the DOT agreed to pay the property owner an additional $10,219.42 for the trees it cut prior to the taking.

Both appraisers utilized the cost approach, but the property owner appraiser’s opinion was based on sales comparables that were closer to the subject property, and the depreciated value of the building was based on an actual building contractor’s estimate, instead of just relying on the Marshall & Swift estimator service as the DOT appraiser did.  The jury returned a verdict of $734,000 to which interest and costs were added.  The DOT’s highest offer prior to trial was $615,000 pursuant to an offer of judgment.

Filed Under: Access & Business Damages, Eminent Domain, Highway Taking, Land Law, North Carolina, Road Widening, Whole Taking

Partial Taking with Severance Damages: Wake County

May 6, 2009 by LandLawNC-DK

road widening eminent domainThis 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.

Filed Under: Eminent Domain, Highway Taking, Just Compensation, Land Condemnation, Land Law, North Carolina, Partial Taking, Road Widening, Severance Damages

Negotiated Settlement for Whole Taking & Relocation Benefits: Wake County

March 6, 2009 by LandLawNC-DK

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.

Filed Under: Eminent Domain, Just Compensation, Land Condemnation, Land Law, North Carolina, Relocation Benefits, Road Widening, Taking

Road Widening Taking: Lee County

November 6, 2007 by LandLawNC-DK

road widening eminent domain ncNCDOT 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.

Filed Under: Eminent Domain, Just Compensation, Land Condemnation, Land Law, North Carolina, Road Widening

Contact Our NC Land Law Attorneys Today

  • The use of this form does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
  • Please enter a number from 0 to 9.
  • This field is for validation purposes and should be left unchanged.

What Our Clients Say

“The Pantry has used Emmett to protect our interests in numerous condemnation cases over the past ten years and we are very pleased to have her represent us. We believe Emmett’s unique experience in working both for and against the Department of Transportation and her tenacious drive provide us with the best advantage to reach a favorable settlement and the increased award in condemnation cases.”  
– Bob, convenience store corporation representative * Disclaimer

The NC Eminent Domain Practice of Emmett Boney Haywood

Nicholls & Crampton, P.A.
3700 Glenwood Avenue, Suite 500
Raleigh, North Carolina 27612

(919) 781-1311

Latest News

  • Making the Property Owner Whole
  • Highest & Best Use / Access Taken / No Land: New Hanover County
  • Access & Business Damages: Durham County
  • Acquisition for Airport Expansion: Moore County
  • Business Whole Taking: Wake County NC
AV-Preeminent-lawyer_125 best-lawyers_75 lawyer-of-the-year_100 Best-law-firm_100
  • Contact
  • NC Eminent Domain News
  • Disclaimer
  • Site Map

Defending The Rights of NC Property Owners

© 2023 · Emmett Boney Haywood | North Carolina Eminent Domain and Property Attorneys
Law Firm Branding & Web Design by Killer Creative Group · NC Web Hosting