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DR. T. C. SMITH CO. v. NORTH CAROLINA STATE HWY. COM'N

No. 107.

182 S.E.2d 383 (1971)

279 N.C. 328

DR. T. C. SMITH COMPANY, Inc., a North Carolina Corporation v. NORTH CAROLINA STATE HIGHWAY COMMISSION.

Supreme Court of North Carolina.

July 30, 1971.

Attorney(s) appearing for the Case

Bennett, Kelly & Long by Robert B. Long, Jr., Asheville, for plaintiff appellee.

Atty. Gen. Robert Morgan, Deputy Atty. Gen. R. Bruce White, and Asst. Atty. Gen. Andrew McDaniel, for defendant appellant.

BOBBITT, Chief Justice.

"(T)he owner of land abutting a highway has a right beyond that which is enjoyed by the general public, a special right of easement in the highway for access purposes. This right of access is an easement appurtenant which cannot be damaged or taken from him without compensation. Abdalla v. State Highway Commission, 261 N.C. 114, 134 S.E.2d 81

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