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BOARD OF TRANSP. v. JONES

No. 7710SC1054.

248 S.E.2d 108 (1978)

38 N.C. App. 337

BOARD OF TRANSPORTATION v. Ella Mae Ingram JONES.

Court of Appeals of North Carolina.

October 17, 1978.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. H. A. Cole, Jr., and Associate Atty. J. Christopher Prather, Raleigh, for the State.

Johnson, Gamble & Shearon by Richard O. Gamble, Raleigh, for defendant.

BROCK, Chief Judge.

G.S. 136-112(1) sets forth the formula for the measure of compensation in partial taking cases. "Where only a part of a tract is taken, the measure of damages for said taking shall be the difference between the fair market value of the entire tract immediately prior to said taking and the fair market value of the remainder immediately after said taking, with consideration being given to any special or general benefits resulting from the utilization...

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