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DEPARTMENT OF TRANSP. v. HARKEY

No. 314A82.

301 S.E.2d 64 (1983)

308 N.C. 148

DEPARTMENT OF TRANSPORTATION v. Ray HARKEY, John Reavis & Charles Sullivan, as Trustees of Southside Baptist Church.

Supreme Court of North Carolina.

April 5, 1983.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by James B. Richmond, Sp. Deputy Atty. Gen., Raleigh, for plaintiff-appellee.

Turner, Rollins, Rollins & Clark by Clyde T. Rollins and Walter E. Clark, Jr., Greensboro, for defendants-appellants.

EXUM, Justice.

The sole question presented by this appeal is whether the elimination of defendant property owners' direct access to an abutting highway is a taking under G.S. 136-89.53, entitling them to compensation for damages in a condemnation proceeding, when access to the highway remains available via a series of residential streets. We conclude there has been a taking under well-established principles in this state, and the property owners are entitled to compensation...

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