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NORTH CAROLINA STATE HIGHWAY COM'N v. GASPERSON

No. 131.

150 S.E.2d 860 (1966)

268 N.C. 453

NORTH CAROLINA STATE HIGHWAY COMMISSION v. C. T. GASPERSON and wife, Mabel Gasperson.

Supreme Court of North Carolina.

November 9, 1966.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Deputy Atty. Gen. Harrison Lewis, Trial Atty. Eugene A. Smith and Associate Counsel, Lamar Gudger, for plaintiff appellee.

Harold K. Bennett and G. Edison Hill, Asheville, for defendant appellants.

BOBBITT, Justice.

Defendants' Exception No. 21 is directed to this portion of the charge: "No compensation shall be awarded to the defendants in this action for the denial of access rights to the new highway since no rights ever existed. Thus the denial of access to the new highway shall not enter into your consideration in determining what effect the appropriation for a controlled access highway has upon the fair market value of the remaining land immediately after...

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