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WILSON v. S.C. STATE HIGHWAY DEPT.

19963

264 S.C. 22 (1975)

212 S.E.2d 61

John H. WILSON, Respondent, v. SOUTH CAROLINA STATE HIGHWAY DEPARTMENT, Appellant.

Supreme Court of South Carolina.

February 13, 1975.

Attorney(s) appearing for the Case

Messrs. Daniel R. McLeod, Atty. Gen., and Dudley Saleeby, Jr., Asst. Atty. Gen., of Columbia, for Appellant.

Respondent not represented by counsel.

February 13, 1975.

LITTLEJOHN, Justice:

The plaintiff, John H. Wilson, initiated this action by service of a Complaint upon the South Carolina Highway Department, alleging an unconstitutional taking, without just compensation, of real property used by the Department in the improvement of the Belfast Road in Newberry County.

The Department, by way of Answer, interposed a general denial and pled as an affirmative defense an easement signed by plaintiff...

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