North Carolina Lawyers Weekly
November 15, 2010
The property, a large, vacant tract just north of Sanford, was used primarily for hunting at the time of the taking, but the appraisers for both sides agreed the highest and best use was for residential development.
The department’s two appraisers believed the property was worth $7,000 per acre and $7,200 per acre, respectively, before the taking. The property owner’s appraiser concluded that the per-acre value before the taking was $8,400, a difference that was significant given the large acreage of the tract.
The parties also disagreed about the impact of the taking of the property’s single 60-foot access to U.S. 421, and the control of approximately 300 feet of the property’s 600 feet of secondary road frontage.
In the “after” condition, the property’s only access was 300 feet of access on a secondary road , and access to the dead end of Tempting Church Road.
The department’s appraisers applied minimal adjustments for damage to the remainder caused by the taking of access and loss of orientation to U.S. 421. The property owner’s appraiser concluded the property lost 20 percent of its value in the after condition as the result of its loss of access and orientation to the highway.
Mediated Settlement Report
Type of action: Land condemnation/eminent.domain
Injuries alleged: Taking of 6.80 acres of vacant land from a 1,450-acre tract near Sanford
Case name: N.C. Department of Transportation v. Myrick, et al.
Case number: 09 CVS OO476
Court: Lee County Superior Court
Mediator: Ron Perkinson (Sanford)
Date: Sept. 7, 2010
Amount: $1.65 million
Special damages: Taking of direct access to U.S. 421 and partial control of access on Forestwood Park Road, loss of orientation to U.S. 421
Offer: NCDOT’s initial offer was $483,000.
Were liability and/or damages contested? Yes
Was the.opposing party represented by legal counsel? Yes
Has the plaintiff been successful in actually collectlng the judgment? Yes
Landowner’s attorneys: George B.Autry Jr., Stephanie H. Autry and Brady W. Wells, all of Cranfill Sumner & Hartzog (Raleigh)
The information in Lawyers Weekly’s verdicts and settlements reports was submitted by the counsel for the prevailing party and represents the attorney’s characterization of the case.