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 [...]
Access & Business Damages EBH on 06 Nov 2009
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 [...]
Airport Acquisition EBH on 06 Oct 2009
In 2006, the Moore County Airport Authority (MCAA) acquired land from a family limited partnership in Moore County, North Carolina for a public roadway right-of-way to relocate a portion of NC Highway 22 and State Road 1843. Emmett Boney Haywood represented the family limited partnership in the North Carolina condemnation action brought by [...]
Whole Taking EBH on 03 Aug 2009
In 2006, Wake County condemned the entire property owned by Defendant for a public off-street parking facility.
Inverse Condemnation EBH on 03 Aug 2009
This inverse condemnation case involved the siltation of a pond located in eastern Wake County.
Road Widening EBH on 06 May 2009
This case involved a partial taking for the Evans Road Widening Project in Cary, North Carolina. The homeowner’s property was located on Evans Road, a two-lane road. The Town of Cary took the owner’s front yard to construct a new four-lane, main roadway. The municipality’s initial offer for this taking was $19,005.00. Working with co-counsel, [...]
Relocation Benefits EBH on 06 Mar 2009
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 [...]
Utility Takings EBH on 06 Nov 2008
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 [...]
Road Widening EBH on 06 Nov 2007
NCDOT took a portion of this convenience store property for a road widening project in Lee County, North Carolina. The government’s initial offer for the property taken by eminent domain was $3,120.00. During pre-trial hearings, the court ruled that the NCDOT could not establish the existence of some of its claimed existing right-of-way. The case [...]
Highest and Best Use EBH on 06 Nov 2002
This case involved appraisal, wetlands, and other land use issues. Raleigh North Carolina Eminent Domain Attorney, Emmett Boney Haywood, represented the property owners in the NCDOT’s taking of a portion of the property for the construction of the Wake Forest (NC 98) Bypass. The initial offer by the NCDOT was $409,785.00. The project split the [...]