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Condemnation or Eminent Domain

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 McMillan anchors our condemnation team. Among his many accolades, John has been listed in Best Lawyers in America for “Condemnation Law” in every year that category has been recognized. John has practiced for over 35 years and has authored materials and lectured 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 guaranty 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. Some of our cases have not had a favorable outcome. 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.

  • Leonard v. Department of Transportation - 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 of 2010.
  • Ethel Limited Partnership v. Department of Transportation - 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.
  • Henderson et al v. Department of Transportation - 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.
  • Bradsher v. Department of Transportation - 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. 
  • Stroud v. Department of Transportation - 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. 
  • Bent Tree v. Department of Transportation - 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. 
  • Whispermill Assoc. v. Department of Transportation - 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. 
  • Stephens Properties v. Department of Transportation - 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.
  • New Age Communications v. Department of Transportation - 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.
  • Holly Springs Assoc. v. Department of Transportation - 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.
  • Dameron v. Department of Transportation - 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.
  • Bailey v. Department of Transportation - 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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