DUKE POWER CO. v. RIBET

No. 7425SC992.

212 S.E.2d 182 (1975)

25 N.C. App. 87

DUKE POWER COMPANY v. Ferdinand Arthur RIBET, Jr., et al.

Court of Appeals of North Carolina.

March 5, 1975.


Attorney(s) appearing for the Case

Patton, Starnes & Thompson, by Thomas M. Starnes, Morganton, for petitioner.

John H. McMurray, Morganton, for the respondent.


BROCK, Chief Judge.

The power to condemn private property for electric transmission lines is granted to Duke Power Company, a public utility, by the provisions of G.S. § 40-2. Where an agency has the power of condemnation, the choice of route is primarily in its discretion and will not be reviewed on the ground that another route may have been more appropriately chosen, unless it appears that there has been an abuse of discretion. City of Charlotte v. McNeely...

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