This 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.
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.
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.