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Total Taking by NCDOT for Completion of I-485
Initial Offer: $347,575
Compensation Obtained: $1,505,000
333% Increase
Brief Statement of Claim:
The Department of Transportation took approximately 5.63 acres for completion of the I-485 loop around Charlotte; deposit of $347,575.00; settlement of $1,505,000.00 ($1,157,425 or 333% increase).
Principal Damages:
A total taking of 3.656 acres of commercially zoned land being used for residential purposes with a single-family residence. DOT sought to have the Court exclude the commercial zoning from consideration, but the Court denied the DOT's motion. This was originally a partial taking but the DOT amended, with consent of the property owner after filing an inverse condemnation counterclaim, to take the uneconomic remainder tract.
Trial or Settlement:
Settlement
County where Tried or Settled:
Mecklenburg County
Case Name and Number:
Department of Transportation v. Y. Edward Garrison, 12-CVS-2692
Date Concluded:
Settlement reached August 19, 2013.
Attorneys for Defendants:
Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte.