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Home » Taking

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

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

Utility Acquisition: Wake County

November 6, 2008 by LandLawNC-DK

Utility land taking ncIn 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.

Filed Under: Eminent Domain, Just Compensation, Land Condemnation, Land Law, Taking, Utility Takings

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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
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