North Carolina Lawyers Weekly

February 2, 2009

The N.C. Department of Transportation acquired a portion of an undeveloped parcel, with commercial zoning, for the Smith Avenue Extension in Brunswick County.

The new road divided the property, leaving one remainder with access only to the old road and a size and shape that would make future development unlikely.

The DOT took an easement in the other remainder, which combined with existing wetlands to diminish the utility of the parcel.

The DOT’s first offer was $319,625. As a part of the $1,309,767 settlement, the property owners deeded a portion of the damaged remainder to the DOT.

Type of Action: Land condemnation
Injuries alleged: Partial taking (1.06 acres) of a 4.44-acre site in Shallotte; with damage to remaining 3.39 acres.
Case name: N.C. Dept. of Transp. v. Whitfield, et ux.
Case number: 07-CVS-2149
Court:Brunswick County Superior Court
Verdict or settlement: Settlement (mediation)
Name of mediator: Ron Perkinson
Date: Nov. 19, 2008
Amount: $1,309,767
Property owners’ attorneys: George B. Autry Jr. , Stephanie Hutchins Autry and Brady W. Wells 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