Devine Millimet Litigation Partner George Moore, assisted by Associate Jonathan Eck, recently completed a two-week jury trial in the Rockingham County Superior Court in New Hampshire that ended very successfully for one of the firm’s developer clients. The firm’s client owned 62 acres of commercially zoned property between the north- and southbound lanes of Interstate 93. The client had plans to develop the property into either an outlet shopping mall or a lifestyle-center-type mall as the property had visibility from both the north- and southbound lanes of travel on Interstate 93. The State of New Hampshire took approximately half of the 62-acre property as part of the Interstate 93 Expansion Project. The State valued the land that was taken by eminent domain at $3.9 million. Our client sued the State, claiming it had grossly undervalued the land and failed to take into consideration the unique commercial value of the property and the devaluation of the remaining acreage. Ultimately, after a day-and-a-half of deliberation, the jury determined that the value of the client’s land taken by eminent domain was $13.5 million, $9.6 million more than the state had offered.
This eminent domain verdict is the largest in New Hampshire history and
the second or third largest in New England.