Lawyer Profile

John B. McMillan

Attorney Bio

John McMillan has more than 35 years' experience representing clients before the North Carolina General Assembly.   John drafted and led the lobbying effort to pass North Carolina's Product Liability Act in 1979 and was the business coalition leader in the efforts to successfully rewrite North Carolina's workers compensation laws in 1993 and to pass tort reform in 1995.  John was recently ranked the second most effective lobbyist in North Carolina by the North Carolina Center for Public Policy Research, Inc.

John also represents individuals and large and small corporations in all levels of North Carolina state and federal court litigation. In addition, he has a broad and deep practice representing a variety of clients before various North Carolina state administrative agencies.

He has significant experience representing landowners in condemnation cases brought by state and local governmental agencies. His representation includes dispute resolution through negotiations, mediations and trials.

John is the Immediate Past President of both the North Carolina State Bar and the University of North Carolina School of Law Alumni Association. He is a frequent presenter at continuing legal education seminars on land condemnation cases and professional ethics.

Practice Areas

• Eminent Domain and Condemnation Law
• Government Relations Practice (Government Affairs, Government Contracts, Insurance, Lobbying, Regulatory)

Case History

• North Carolina Department of Transportation v. Bradsher — This was a highly contested land condemnatiuon case that resulted in a jury verdict of $3,769,000 plus $651,764 in interest. There were complex legal issues that went to the appeals court on preliminary matters prior to trial.
• North Carolina Department of Transportation v. Ethel Limited Partnership — This was a land condemnation case in which the N.C. DOT filed suit and claimed that the taking resulted in $7,000,000 in benefits to the landowner.  Following intense trial preparations and discovery, the case was settled the week before trial with the N.C. DOT agreeing to pay the property owner $6,000,000 in damages.
• North Carolina Department of Transportation v. Stephen Stroud, et. al. — This was a land condemnation case in which the N.C. DOT deposited $320,000 as its estimate of fair compensation for the partial taking.  Following an extensive mediation, the case was settled with the N.C. DOT agreeing to pay $3,730,800 in damages.
• North Carolina Department of Transportation v. Stephens Properties Family Limited Partnership — This was a land condemnation case in which the N.C. Department of Transportation deposited $196,500 as its estimate of fair compensation for this partial taking.  The jury returned a verdict in favor of the property owner of $1,500,000.  An additional $312,840 in interest was awarded by the Court.
• City of Raleigh v. Nelson Leonard, et. al. — This was a land condemnation case in which the City of Raleigh took 85 acres of property to relocate a road, install a water line and establish a park.  The case was settled at mediation two weeks before trial for $10,35,000.

Education

• University of North Carolina (J.D.) (1967)

Awards

• Chief Justice's Commission on Access to Justice Award
• Greater Raleigh Convention and Visitors Bureau Leadership Award
• Joseph Branch Professionalism Award
• Legal Services of North Carolina Award
• N.C. Assn of Mortgage Professionals President's Award
• Wake County Bar Assoc. President's Award

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