DelDOT owes a Lewes woman 4 million dollars after a Superior Court verdict last week.
Eminent domain laws in Delaware allow DelDOT to purchase private land and, as long as it’s for a public use purpose, the land owner must sell their property. However, that same law requires DelDOT pay the land owner “just compensation”.
Leslie Gay Knapp Marini was offered just over $2 million dollars for her property in August of 2024.
The land in this case - which was once part of the historic Nassau Orchards - was taken by DelDOT according to court documents for use in the Minos Conaway Route 1 project.
But the plaintiff’s attorney, John Paradee, says the compensation was not “just.”
“So DelDOT’s expert testified in this case that he thought the value was $2,279,400; our appraiser opined that the properties were worth $4,230,300- you know, almost a $2,000,000 difference.” he said.
The jury, made up of three individuals for this trial, agreed with Paradee’s number, and ruled in the plaintiff’s favor.
Paradee argues undervaluing of properties by DelDOT is becoming a pattern.
“I suspect that they’d dispute that, and probably dispute it vigorously, but this is the second case in two years where we’ve challenged their appraisal and the jury has come back with -in both cases- at least twice as much as what DelDOT offered.” he said.
Last June, Paradee’s team won a similar verdict, awarding that client around 5 million dollars.
Paradee says that pattern can be problematic due to litigation costs and attorney fees. He argues the only reason his two clients got what they were owed is because they could afford to defend themselves.
DelDOT did not immediately respond to DPM’s request for comment.
