Highest and Best Use EBH on 06 Nov 2009
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.