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TEMPLETON v. STATE HIGHWAY COMMISSION

No. 238.

118 S.E.2d 918 (1961)

254 N.C. 337

Frank G. TEMPLETON and wife, Evelyn B. Templeton, Petitioners, v. STATE HIGHWAY COMMISSION, Respondent.

Supreme Court of North Carolina.

March 29, 1961.

Attorney(s) appearing for the Case

Orr & Osborne, Charlotte, for petitioners appellees.

Atty. Gen. T. W. Bruton, Asst. Atty. Gen. Harrison Lewis, Andrew H. McDaniel, Trial Atty., McDougle, Ervin, Horack & Snepp, Raleigh, for respondent appellant.

WINBORNE, Chief Justice.

The purpose of this proceeding is the determination of compensation to be paid by the respondent to petitioners for the land taken in the construction of the portion of the highway described in the pleading.

The rule of law to be applied in this case is stated in Proctor v. State Highway & Public Works Comm., 230 N.C. 687, 55 S.E.2d 479, 482, as follows: "Where only a part of a tract of land is appropriated by the State Highway...

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