NORTH CAROLINA BD. OF TRANSP. v. RAND

No. 20.

263 S.E.2d 565 (1980)

NORTH CAROLINA BOARD OF TRANSPORTATION v. W. R. RAND and wife, Elizabeth P. Rand; George F. Lattimore, Jr. and wife, Helen T. Lattimore.

Supreme Court of North Carolina.

March 5, 1980.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. James B. Richmond, Raleigh, for the plaintiff-appellant.

William P. Few, Hatch, Little, Bunn, Jones, Few & Berry, Raleigh, for defendant-appellee.


CARLTON, Justice.

At issue in this condemnation case is the sufficiency of a jury charge which did not include an instruction on general or special benefits where plaintiff's evidence tended to show such benefits existed. We hold that the jury charge was inadequate and therefore reverse the Court of Appeals.

It is well settled in this State that where only a portion of a tract of land is appropriated by the Board of Transportation for highway purposes,

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