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 routinely defend condemnation actions filed by the North Carolina Department of Transportation and the city of Charlotte. Our experience includes a range of underlying public projects impacting commercial, retail, industrial and residential properties with different highest and best uses. Our litigators also work with our real estate attorneys to mitigate the harmful effects of a condemnation, including negotiation of alternative access or design changes in projects.
We also have extensive experience handling a variety of real estate disputes, land use litigation and commercial leasing litigation. Robinson Bradshaw always pays close attention to how any litigation, especially real estate litigation, fits into the economics of our clients’ transactions and operations. Our trial lawyers are often able to identify creative business solutions to real estate problems before they erupt into full-blown litigation.
Honors & Awards
- U.S. News – Best Lawyers, Best Law Firms, Charlotte Tier 1 for litigation – real estate, 2013-20; Charlotte Tier 1 for eminent domain/condemnation law, 2010-17; Charlotte Tier 1 for litigation – eminent domain/condemnation, 2012
Recent Condemnation Experience
Represented property owners in the successful resolution of condemnation actions filed by the city of Charlotte in connection with the LYNX Blue Line extension project.
Represented a property owner in a condemnation arising out of a road project in Salisbury, North Carolina. The Department of Transportation deposited $175,000 as its estimate of just compensation. The case settled by consent judgment for $1.15 million. Department of Transportation v. Liberty Healthcare Properties of North Carolina, LLC, 13-CVS-1148 (Rowan County Superior Court).
Represented property owners in matters arising out of improvements to and the extension of Martin Luther King Boulevard at N.C. 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 action arising out of improvements to N.C. 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).
Real Estate, Land Use & Commercial Leasing Litigation
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 successfully defended the verdict on appeal. GRE Properties Thomasville LLC v. LibertyWood Nursing Center, Inc., 761 S.E.2D 676 (N.C. App. 2014).
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
- Aug. 20, 2020
- July 1, 2020
- Nov. 1, 2019
- Aug. 15, 2019
- Jan. 28, 2019
- Jan. 14, 2019
- Nov. 1, 2018
- Oct. 24, 2018
- Aug. 15, 2018
- May 7, 2018
- Nov. 2, 2017
- Oct. 25, 2017
- Aug. 15, 2017
- Jan. 26, 2017
- Nov. 1, 2016
- Eight Attorneys Named "Lawyer of the Year"Aug. 15, 2016
- Feb. 4, 2016
- Nov. 2, 2015
- Aug. 18, 2015
- Jan. 5, 2015
- Robinson Bradshaw Nationally Ranked in 2015 “Best Law Firms” by U.S. News & World Report and Best LawyersRankings include recognition as a Tier 1 firm in 38 practice areas in CharlotteNov. 6, 2014
- Firm Has Most Charlotte Attorneys Named to List for Fourth Consecutive YearAug. 19, 2014
- Robinson Bradshaw Named to 2014 ‘Best Law Firms’ Rankings by U.S. News & World Report and Best LawyersRankings Include Recognition as Tier 1 Firm in 38 Practice Areas in CharlotteNov. 1, 2013
- Aug. 15, 2013
- 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
2850 Zebulon Ave.
Charlotte, NC 28208May 6, 2016
NC Bar Center
8000 Weston Parkway
Cary, North Carolina 27513Feb. 26, 2015
- Jan. 5, 2015Robinson Bradshaw Publication
- Starting Out on the Right Foot: Early Efforts Regarding Electronically Stored InformationSept. 12, 2014Antitrust & Complex Business Dispute News, a newsletter from the NCBA