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CITY OF KINGS MOUNTAIN v. GOFORTH

No. 81.

196 S.E.2d 231 (1973)

283 N.C. 316

The CITY OF KINGS MOUNTAIN, a municipal corporation v. Coleman GOFORTH et al.

Supreme Court of North Carolina.

May 9, 1973.

Attorney(s) appearing for the Case

Jack White, Kings Mountain, and Verne E. Shive, Gastonia, for plaintiff appellee.

Horn, West, Horn & Wray by C. A. Horn, Shelby, for defendant appellants.

BOBBITT, Chief Justice.

Municipal corporations have the right of eminent domain for the purpose of acquiring private property to construct and maintain a municipal water system. G.S. § 40-2(2). The procedure applicable to the condemnation proceeding now under consideration is that prescribed by G.S. Chapter 40, "Eminent Domain," Article 2, "Condemnation Proceedings," G.S. § 40-11 et seq. Under this procedure, after the filing of the

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