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Eminent Domain

WHY HOWARD STALLINGS FOR YOUR CONDEMNATION CASE?

By B. JOAN DAVIS

At Howard, Stallings, From, Atkins, Angell & Davis, P.A. , we have a proven track record of success.  We bring our experience and expertise to each case to address the client’s concerns with creative solutions that usually include both monetary and critical non-monetary concessions on the part of the government.  The earlier we are involved in the process, the more likely we are to construct a win-win solution for our clients.  We work closely with a team of experienced appraisers and traffic engineers to achieve our clients’ goals.   As the point person on this team, I am always available to the client to address any questions or concerns that may arise.

OUR EXPERIENCE:

For more than twenty-five years I have represented commercial shopping center developers and national retailers in condemnation cases.  Our development clients include:

American Asset, CBL Properties, and Noble Properties, just to name a few.  We are also regional condemnation counsel for Rite Aid and Eckerd Corporations (representing them here in North Carolina as well as South Carolina, Virginia, Tennessee and Georgia), and regional condemnation counsel for McDonald’s Corporation (in North and South Carolina).  We have worked with Harris Teeter, BB&T and First Citizens Bank in addressing their interests with regard to government land takings.  We have also represented real estate investors with interests as diverse as hotels, apartments, marinas, and office buildings.

*WE GET RESULTS:

MONEY MATTERS!  While every case is unique, and there is never a guarantee of a particular result in any case, listed below are some of our recent monetary successes that are a matter of public record:

  • Fast Food – Spring Lake. Initial Offer = $534,200.00; Award = $990,000
  • Hotel – Southern Pines. Deposit = $542,444.00; Award = $1,200,000
  • Drugstore -Charlotte N. Graham. Deposit = $474,300.00; Award = $1,800.000.00
  • Drugstore – Battleground. Deposit = $213,400.00; Award = $1,750,000.00
  • Drugstore -Jamestown. Deposit = $1,305,575.00; Award = $3,000,000.00
  • Drugstore – King. Deposit = $744,900.00; Award = $1,200,000.00

BUT SOMETIMES OUR CLIENTS NEED MORE THAN MONEY! Monetary results only tell half of the story.  While maximizing our clients’ “just compensation” is important, and certainly our goal in every case, but many of our commercial clients are more concerned about the long-term impact of roadway projects on their properties.  By far, the most compelling aspect of these cases is to maintain convenient customer access, visibility and ample parking.  Our team of lawyers, appraisers and traffic engineers analyze the impact of highway projects early in the process and in many cases have worked with the DOT to redesign the road in a manner that is advantageous to our clients’ businesses.  For example, when we have been involved early in the process, we have been able to convince the DOT:

  • to leave open driveways that were slated to be closed,
  • to redesign major roadways to allow direct access to fast food restaurants and other drive-thru businesses where only service road access was planned, and
  • to allow a break on a controlled-access thoroughfare and build an entirely new driveway to replace an inferior access for a Long Horn Steakhouse and the neighboring businesses.

We recently redesigned a major roadway improvement in Wilmington, NC to save 21 parking spaces that would have been eliminated under the state’s highway plan.  This would have put that out parcel business out of zoning and lease compliance for parking ratios.  We also recently designed an entirely new intersection to improve our client’s roadway access that was to be lost to a median-controlled thoroughfare in Virginia Beach, VA.

It is always best if we can be involved early in the design stages of a project, but even late in the process we have had extraordinary success.  In one case, we were able to reopen a mall access point that the DOT had already closed and replaced with curb, gutter and sidewalk.  This driveway was important to our mall client because it served as a primary access point for a restaurant and a bank drive-thru. Without that driveway, the mall would have lost two very lucrative, long-term out parcel tenants (a bank and a restaurant).

HOW CAN WE HELP YOU?

We appreciate your interest in our condemnation work and welcome the opportunity to address any questions that you may have.  Just give me a call (919) 821-7700 or send an email to jdavis@hsfh.com , and I would be glad to discuss our practice with you in more detail.

*This list and the anecdotal information provided here represents only a sample of the eminent domain matters handled by our law firm.  Neither the law firm, nor any of the attorneys in our eminent domain practice, would suggest that these results are indicative of the results that could be obtained in your particular case.  The result in any case is subject to many variables, and you would need to consult with an attorney about the specific facts and merits of your case in order to know what outcome you might expect.

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