Condemnation and Real Estate DisputesPDF
Our lawyers have extensive experience representing clients in condemnation cases, annexation disputes and other adversarial proceedings involving governmental entities throughout the Carolinas. We have recently handled condemnation actions filed by the North Carolina Department of Transportation, the city of Charlotte and the Cabarrus County Board of Education. The underlying projects have included roads, airport expansion and school construction and have involved commercial, retail, industrial and residential properties with different highest and best uses. Our lawyers have also obtained successful verdicts for our clients in a variety of other real estate disputes.
Our litigators work with our real estate attorneys to mitigate the harmful effects of a condemnation, including negotiation of alternative access or design changes in projects. Robinson Bradshaw always pays close attention to how any litigation, especially real estate litigation, fits into the economics of our clients’ transactions. Our trial lawyers are often able to identify creative business solutions to real estate problems before they erupt into full-blown litigation.
Condemnation and Annexation
Represented property owners in matters arising out of improvements to and the extension of Martin Luther King Boulevard at Highway 84 in Monroe, North Carolina. The Department of Transportation deposited $132,100 as its estimate of just compensation. The jury awarded $1,092,500 as just compensation, and the property owners received $227,335.50 in prejudgment interest. Department of Transportation v. Withrow Heritage, LLC, et al., 09-CVS-1661 (Union County Superior Court).
Represented property owners in a condemnation arising out of the construction of Interstate 485. The jury awarded $4.8 million in just compensation. The award with interest was more than twice the DOT’s estimate of just compensation. Department of Transportation v. Clark Associates, et al., No. 99-CVS-6786 (Mecklenburg County Superior Court).
Represented property owners in a condemnation action arising out of improvements to Highway 49. The DOT’s original deposit estimating just compensation in this case, involving a highway widening project, was under $100,000. We obtained a $1.3 million jury verdict. Department of Transportation v. Cambridge Associates, LLC, et al., No. 02-CVS-1560 (Cabarrus County Superior Court).
Represented a property owner in a condemnation arising out of the construction of I-485 at Providence Road and Providence Road West. The DOT deposited $805,000 as its estimate of just compensation. The jury awarded over $3 million in just compensation, and the property owners received an additional payment of over $500,000 in pre-judgment interest. Department of Transportation v. Wayland H. Cato, Jr., No. 94-CVS-635 (Mecklenburg County Superior Court).
Represented a golf course owner whose property lost four holes in connection with the construction of I-485. The DOT deposited $1.3 million as its estimate of just compensation. The case settled by consent judgment, for $1.8 million, an amount sufficient to buy adjoining property and pay for the reconstruction of the golf course. In addition, our client was allowed to operate the golf course after the taking until it was actually needed for construction. Department of Transportation v. American Golf Corporation, et al., No. 98-CVS-4568 (Mecklenburg County Superior Court).
Represented a property owner in a condemnation arising out of the construction of I-485. The property in question was a 20,000-seat outdoor amphitheater, and the taking involved the severance of an easement that provided access to the property across an adjoining parcel during large concerts. The DOT deposited $1,820 as its estimate of just compensation. The jury awarded $478,000 in just compensation and the property owners received an additional payment of over $80,000 in prejudgment interest. Department of Transportation v. Pavilion Partners, et al., No. 94-CVS-10952 (Mecklenburg County Superior Court).
Represented an owner of warehouse facilities adjoining Charlotte-Douglas Municipal Airport in a partial taking condemnation. We successfully negotiated the purchase of the entire property by the city of Charlotte for over $6 million to resolve the lawsuit. City of Charlotte v. Elam, et al., No. 91-CVS-15508 (Mecklenburg County).
Represented an owner whose property was subject to several leases and included a marina. The condemnation involved the widening of Highway 49 at Buster Boyd Bridge. The DOT deposited $196,000 as its estimate of just compensation. The case settled by consent judgment for $775,000 based on the agreement of the DOT to provide access and a retaining wall at a location favorable to the property owner. Department of Transportation v. Joyner, et al., No. 98-CVS-4129 (Mecklenburg County Superior Court).
Real Estate & Commercial Leasing
Represented an owner of a nursing home in an action to remove a tenant operator. We obtained a jury verdict in our client’s favor following a two-and-a-half week trial and are currently defending the verdict on appeal.
Represented the developers of a master-planned community in litigation initiated by the builders during the economic downturn, involving claims of alleged misrepresentations regarding infrastructure and amenities.
Represented a nonprofit affordable housing developer before the North Carolina Court of Appeals and obtained an order affirming the trial court's order that a conditional use permit be granted to the developer. Affordable Housing Group of North Carolina v. Town of Mooresville, 2012 WL 4880833 (slip op.) (N.C. App. Ct. Oct. 16, 2012).
Represented a national real estate developer and obtained a directed verdict against a landowner making a conflicting claim to real property.
Develop successful strategies for commercial landlords to collect damages and recover possession of their premises from defaulting tenants.
News & Events
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- Robinson Bradshaw Named to 2013 ‘Best Law Firms’ Rankings by U.S. News & World Report and Best LawyersRankings Include Recognition as Tier 1 Firm in 35 Practice Areas in CharlotteNov. 1, 2012
- Charlotte-based Firm Has More Ranked Lawyers Than Any Other North Carolina FirmNov. 16, 2011
Mecklenburg County Bar & Foundation Center
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Charlotte, NC 28208May 6, 2016
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Cary, North Carolina 27513Feb. 26, 2015
- Jan. 5, 2015Robinson Bradshaw Publication
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