Condemnation & Eminent Domain

 

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One of the biggest financial and emotional challenges any business or family can face is the loss of property through an eminent domain action by a governmental body or public utility. Manning Fulton will give you creative counsel, focused on your needs, to make sure your interests are protected. Our ability to analyze the many factors that influence the market value of your property, and to make an effective, convincing presentation of your case, is the core of our strength.

Manning Fulton lawyers are experienced with land planning, real estate appraisal and environmental issues which are the foundation of an effective eminent domain property valuation. We work with you to assess your property’s most valuable use. We collaborate with real estate experts and consult with them to assess your property's value.

Then, we develop a litigation plan tailored to each client’s situation. We represent client interests from start to finish, from pre-acquisition hearing to appeal. We have represented clients against:

  • Highway departments
  • Cities and towns
  • Airport authorities
  • Boards of education
  • Public utilities

Manning Fulton lawyers are skilled negotiators and litigators. We help our clients receive the full fair market value of their property, whether through settlement, at mediation or a jury verdict at trial.

When your financial future is at stake, you need a partner with the commitment to protect your interests—and the skill to win. That is the fundamental strength of Manning Fulton’s condemnation law practice.

John B. McMillan anchors our condemnation team. Among his many accolades, John is recognized by The Best Lawyers in America© in the area of Eminent Domain and Condemnation Law as Best Lawyers "Lawyer of the Year" for 2013, 2015 and 2016. Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year,” making this accolade particularly significant. Having practiced law for more than 40 years, John has authored materials and is a frequent presenter at continuing legal education seminars on Condemnation Law. 

Below is a partial list of several verdicts and settlements our clients have received. It is important to understand that this list does not include all of our condemnation cases. We cannot promise or guarantee that any case will have results as favorable as the cases we have listed. The results we have obtained are products of the specific factual and legal circumstances that were present in each of those cases. Each case is different and the results will vary from case to case. A successful outcome of your case cannot be assumed or indicated by our past successes in other cases. Please do not misconstrue the below list as any representation that Manning Fulton will ultimately be successful in your case or any other case in the future.

 

  • Department of Transportation v. Alexander Family Investments, LLC et. al. – DOT took 8.6 acres for the Hwy 401 by-pass. DOT initially paid $1,342,930. Final jury trial verdict required DOT to pay $4,349,837 plus interest of $761,649.54 for a difference of $3,768,556.54 Trial occurred in Wake County in September, 2013.
  • Department of Transportation v. Falling Creek Farms, Inc. – DOT took 36.6 acres for the relocation of Hwy 70. DOT initially paid $2,524,150. Final settlement required DOT to pay $6,650,000 – for a difference of $4,125,850. Consent judgment was entered in November, 2012.
  • Department of Transportation v. James M. Parrott, III, et.al. – DOT took 20 acres for the relocation of Hwy 70. DOT initially paid $793,759. Final jury trial verdict required DOT to pay $2,472,347.50 plus interest of $403,271.30 for a difference of $2,081,859.80. Trial occurred in Lenoir County in November, 2011.
  • Department of Transportation v. James M. Parrott, III, et.al. – DOT took 64 acres for the relocation of Hwy 70. DOT initially paid $1,308,500. Final settlement required DOT to pay $3,419,000 for a difference of $2,110,500. Consent judgment was entered in August, 2012.
  • Department of Transportation v. Ruby L. Byrum – DOT took 7.88 acres for the Hwy 401 by-pass. DOT initially paid $425,000. Final settlement required DOT to pay $1,550,000 for a difference of $1,125,000. Consent judgment was entered in September, 2012.
  • Department of Transportation v. Robert Alexander, et. al. -  DOT took 7.66 acres for the Hwy 401 by-pass. DOT initially paid $330,800. Final settlement required DOT to pay $1,132,146 for a difference of $801,346. Consent judgment was entered in June, 2012.
  • City of Raleigh v. Leonard - DOT took 85.46 acres for expansion of Falls of Neuse Road. DOT initially paid $9,000,000. Final settlement required DOT to pay $10,350,000 -- for a difference of $1,350,000. Case settled in February, 2010.
  • Department of Transportation v. Ethel Limited Partnership - DOT took 68.924 acres in vicinity of I-540 and US 1 North. DOT initially paid $0. Final settlement required DOT to pay $6,000,000 – for a difference of $6,000,000. Consent judgment entered in November, 2002.
  • Department of Transportation v. Henderson et. al. - DOT took 286.145 acres in vicinity of I-40 and Clayton. DOT initially paid $1,761,000. Final settlement required DOT to pay $3,100,000 – for a difference of $1,339,000. Consent judgment entered in December, 2006.
  • Department of Transportation v. Bradsher - DOT took 32.68 acres in vicinity of I-540 and Highway 401 North. DOT initially paid $1,276,400. Final verdict required DOT to pay $3,769,000, plus $651,764 in interest and expert witness costs – for a difference of $3,144,800. Court judgment entered November, 1998. 
  • Department of Transportation v. Stroud - DOT took 16.21 acres in vicinity of I-540 and Highway 70. DOT initially paid $320,000. Final settlement required DOT to pay $3,730,800 – for a difference of $3,410,800. Consent judgment entered in June, 1996. 
  • Department of Transportation v. Bent Tree - DOT took 35.38 acres in vicinity of I-540 and Strickland Road. DOT initially paid $816,540. Final settlement required DOT to pay $1,950,000 – for a difference of $1,133,060. Consent judgment entered in May, 2000. 
  • Department of Transportation v. Whispermill Assoc. - DOT took 29.63 acres in vicinity of I-540 and Six Forks Road. DOT initially paid $1,116,600. Final verdict required DOT to pay $1,658,684, plus interest and expert witness costs of $189,150 – for a difference of $731,234. Court judgment entered in November, 2002. 
  • Department of Transportation v. Stephens Properties - DOT took 11.504 acres in vicinity of Highway 55 By-pass in Holly Springs. DOT initially paid $196,500. Final verdict required DOT to pay $1,500,000, plus interest and expert witness costs of $312,840 – for a difference of $1,616,340. Court judgment entered in November, 2001.
  • Department of Transportation v. New Age Communications - DOT took 24.58 acres and improvements on the property in vicinity of Highway 17 and Highway 70 in Goldsboro, Wayne County. DOT initially paid $1,290,000 for the land and improvements. Final settlement required DOT to pay $1,600,000 – for a difference of $310,000. Consent judgment entered in October, 2000.
  • Department of Transportation v. Holly Springs Assoc. - DOT took 25.64 acres for the Southern Wake Expressway. DOT initially paid $667,000. Final settlement required DOT to pay $1,500,000 – for a difference of $833,000. Consent judgment entered in October, 2001.
  • Department of Transportation v. Dameron - DOT took 14.524 acres in vicinity of Highway 98 By-pass in Wake Forest. DOT initially paid $213,130. Final settlement required DOT to pay $1,200,000 – for a difference of $986,870. Consent judgment entered in March, 2003.
  • Department of Transportation v. Bailey - DOT took multiple tracts with combined acreage of approximately 21.142 acres in vicinity of I-540 and Highway 50 / Creedmore Road. DOT initially paid $684,250 for the combined acreage. Final settlement required DOT to pay $1,100,000 for the combined acreage – for a difference of $415,750. Consent judgment entered in April, 2000.

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