Highest and Best Use EBH on 06 Nov 2009 05:09 pm
Highest & Best Use – Access Taken / No Land: New Hanover County
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.