STATE HWY. DEPT. v. PARKER W. AND S. DIS.

18443

247 S.C. 137 (1966)

146 S.E.2d 160

SOUTH CAROLINA STATE HIGHWAY DEPARTMENT, Respondent, v. PARKER WATER AND SEWER SUB-DISTRICT, Appellant.

Supreme Court of South Carolina.

January 4, 1966.


Attorney(s) appearing for the Case

Messrs. Leatherwood, Walker, Todd & Mann, of Greenville, for Appellant.

Messrs. Daniel R. McLeod, Attorney General, and Victor S. Evans and William L. Pope, Assistant Attorneys General, of Columbia, for Respondent.


January 4, 1966.

LEWIS, Justice.

The sole question for determination in this appeal is whether the defendant, a political subdivision and owner of water and sewer lines placed in an existing right of way of a public highway, is required to pay, in the absence of agreement thereabout, the cost of relocating such facilities when the relocation is necessitated by highway improvements.

The plaintiff, South Carolina...

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