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CITY OF KINGS MOUNTAIN v. CLINE

No. 7327SC390.

198 S.E.2d 64 (1973)

19 N.C. App. 9

The CITY OF KINGS MOUNTAIN, a municipal corporation, Petitioner, v. Buford D. CLINE et al., Defendants.

Court of Appeals of North Carolina.

July 25, 1973.

Attorney(s) appearing for the Case

Verne E. Shive, Gastonia, Jack H. White, Kings Mountain, and Henry L. Fowler, Jr., Mt. Holly, for petitioner appellant.

Whisnant & Lackey by N. Dixon Lackey, Jr., Shelby, for defendant appellees.

CAMPBELL, Judge.

Compensation for the taking of land by the exercise of the power of eminent domain is the fair market value of the land taken at the time of the taking. In this case it was 5 November 1969.

Fair market value is the price the property would bring when offered for sale by one who desires, but is not compelled to sell, and is bought by one desiring to buy, but not under the necessity of purchasing. Barnes v. Highway Commission,

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