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.

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 proceeded through trial with the jury returning a verdict of $126,081.47 plus interest and costs.