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CAROLINA POWER & LIGHT COMPANY v. CREASMAN

No. 96.

137 S.E.2d 497 (1964)

262 N.C. 390

CAROLINA POWER & LIGHT COMPANY, Petitioner, v. Jack Ben CREASMAN and wife, Norma K. Creasman, and Buncombe County, North Carolina, Defendants.

Supreme Court of North Carolina.

July 10, 1964.

Attorney(s) appearing for the Case

Van Winkle, Walton, Buck & Wall and Herbert L. Hyde, Asheville, for petitioner.

Lamar Gudger, Sanford W. Brown, and James P. Erwin, Jr., Asheville, for respondents Creasman.

BOBBITT, Justice.

PETITIONER'S APPEAL

In condemnation proceedings, the petition, when filed by the condemnor, "must contain a description of the real estate which the corporation seeks to acquire." G.S. § 40-12; 29 C.J.S. Eminent Domain § 259; 18 Am.Jur., Eminent Domain § 325. The condemnor must "first locate the property." Gastonia v. Glenn, 218 N.C. 510, 11 S.E.2d 459. Ordinarily, absent an amendment, the only property a condemnor may acquire...

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