Murray Law Obtains $1.47MM Settlement for Taking of Easements on U-Haul property.

Murray law settlement

City of Charlotte v. Amerco Real Estate Company (U-Haul) – Murray Law recently obtained $1,470,000.00 for U-Haul, in a taking by the City of Charlotte. This settlement was more than a million dollars over the City’s original offer.

The U-Haul property is located at the intersection of N. Tryon St. and E. 16th St. just north of uptown Charlotte. The property contained a 25,000 square foot warehouse and parking and storage areas for rental trucks. The City of Charlotte planned to construct a new multiuse path along E. 16th Street to provide access from N. Tryon Street to the light rail station located off Parkwood Avenue, one block to the rear of the property.

In May 2019, the City filed a complaint and map showing the area taken which included .02 acres of right of way and easements for storm drainage, sidewalk, utilities, sanitary sewer, and a retaining wall. In total, the easements impacted 0.7 acres of the total 4.5 acre site. The City’s appraisal of the estimated damages for the taking was $246,950.00.

After being retained by U-Haul International’s Assistant General Counsel, attorney David Murray visited the property and noticed that, while the City had claimed that it would not block access to the site, the entrances on E. 16th Street and half of the customer parking along N. Tryon Street were blocked. This impact to access lasted the length of the construction project. Further, the easements taken on the rear of the property along the light rail line eliminated any ability for U-Haul to use that area for future expansion of the site. On the date of taking, Optimist Hall, a popular food court, had just opened immediately across the light rail tracks from the U-Haul property, causing adjacent development demand and property values to increase substantially.

After completion of construction in March 2022, David used the information he obtained throughout the project to obtain an appraisal of damages for the landowner which was significantly higher than the City’s pre- and post-construction appraisals. Thereafter, the parties attended mediation and reached a settlement of $1,470,000.00, which was a 495% increase in the initial amount offered and deposited in the case, and 96% of the damages determined by the landowner’s appraisal. U-Haul was paid in full in July 2023.

This case serves as an example to all landowners to “Hold Out, Hire Us.” It took the City four years, multiple appraisal reports, and a court-ordered mediation to pay fair and just compensation, but the result was well worth the wait.

Contact an Experienced North Carolina Land Litigation Attorney

Located in Charlotte, Murray Law welcomes you to contact Murray Law’s Charlotte office or call us at 704-940-9095 to schedule a consultation to discuss your legal matter. To see more of Murray Law’s results check out our results page.

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