NCDOT settles out of court for I-85 land

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NCDOT settles out of court for I-85 land
John Lansford 13 April 2005 14:04:47
	http://www.herald-sun.com/durham/4-596479.html Greatly upping the ante rather than letting a jury decide the case, the N.C. Department of Transportation agreed this week to pay an investment company $950,000 for property needed for roadway widening at Hillandale Road and Interstate 85. NCDOT originally offered to pay R&M Investments only $165,000 for the tenth of an acre in the southeastern quadrant of the site. It raised the figure just before a jury was to be chosen in Durham County Superior Court. R&M promptly accepted. It was the third time in two years that NCDOT got hit with a larger-than-anticipated land condemnation bill at the site. In 2003, the state agency had offered to pay $207,000 for property occupied by the former Pan-Pan diner. Jurors awarded more than $1 million after deliberating for only 15 minutes. The diner has since been razed to make way for highway expansion. And in November, another jury deliberated just 11 minutes before deciding the state should pay $2.3 million for six-tenths of an acre it took from a Howard Johnson's hotel at the roadway construction site. The jury award was more than seven times the $291,000 that state officials initially offered to pay. However, NCDOT later upped its offer to $375,000 and then $560,000. Raleigh lawyer George Autry represented the property owners in all three cases, including the one decided this week. ------------------------------ It's well known around NCDOT that our R/W lawyers aren't the best money can buy. No state DOT's legal office is, in fact. Also, once a jury gets hold of a condemnation hearing, by law the least the property owner can get is the highest offer the state made, so it never hurts to hold out. Plus, a jury tends to be made up of local property owners from the nearby area, and almost always are sympathetic toward the landowner, not the state. That leads to higher settlement values for jury decided land disputes, and this lawyer's success in getting higher values no doubt influenced NCDOT to make one more offer before the jury was selected. John Lansford, PE -- The unofficial I-26 Construction Webpage: http://users.vnet.net/lansford/a10/
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George Conklin 13 April 2005 16:07:26 [ permanent link ]
	"John Lansford" <jlnsford@bellsouth.net> wrote in message news:ffrp51d17h2c1gidgfvo6rbrev7q0p64vo@4ax.com...> http://www.herald-sun.com/durham/4-596479.html> Greatly upping the ante rather than letting a jury decide the case,> the N.C. Department of Transportation agreed this week to pay an> investment company $950,000 for property needed for roadway widening> at Hillandale Road and Interstate 85.> NCDOT originally offered to pay R&M Investments only $165,000 for the> tenth of an acre in the southeastern quadrant of the site. It raised> the figure just before a jury was to be chosen in Durham County> Superior Court. R&M promptly accepted.> It was the third time in two years that NCDOT got hit with a> larger-than-anticipated land condemnation bill at the site.> In 2003, the state agency had offered to pay $207,000 for property> occupied by the former Pan-Pan diner. Jurors awarded more than $1> million after deliberating for only 15 minutes.> The diner has since been razed to make way for highway expansion.> And in November, another jury deliberated just 11 minutes before> deciding the state should pay $2.3 million for six-tenths of an acre> it took from a Howard Johnson's hotel at the roadway construction> site.> The jury award was more than seven times the $291,000 that state> officials initially offered to pay. However, NCDOT later upped its> offer to $375,000 and then $560,000.> Raleigh lawyer George Autry represented the property owners in all> three cases, including the one decided this week.> ------------------------------> It's well known around NCDOT that our R/W lawyers aren't the best> money can buy. No state DOT's legal office is, in fact. Also, once a> jury gets hold of a condemnation hearing, by law the least the> property owner can get is the highest offer the state made, so it> never hurts to hold out. Plus, a jury tends to be made up of local> property owners from the nearby area, and almost always are> sympathetic toward the landowner, not the state. That leads to higher> settlement values for jury decided land disputes, and this lawyer's> success in getting higher values no doubt influenced NCDOT to make one> more offer before the jury was selected.> John Lansford, PE> -- Actualy John the lawyers simply do what they are told. They defend staff. Eminent domain bureaucrats always goes for the absolutely cheapest offer they feel they can get away with. I saw on a board with eminent domain power. Although they did not exercise the power while I was there, they did purchase land from widows and orphans. The offer was always as low as possible. The manager just liked to do things that way, and the board thought it was just good business practice. Homeowners do not always do well with eminent domain in court. In Raleigh a few years back a house was condemned for a road project at a very, very low valuation. When it went to court, the state revealed its current tactic of finding 'faults' with the land and house. When they got done, the jury awarded LESS. The state, already have basically stolen the land for a price well below market value, did allow the people to keep the original offer. But then the jury is NOT allowed to know the original offer either. Given the Herald-Sun's new out-of-town owners, their articles lack any sense of what happened last year or even last week. The Howard-Johnson case involved condemning the foundation of the building, making the whole building useless, but paying only for a piece of the parking lot (or something like that). So, sheer incompetence is at work in these cases too. I wonder if the roads are as good as their lawyers.
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NCDOT settles out of court for I-85 land

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