DEPARTMENT OF TRANSP. v. BRAGG

No. 8130SC1408.

296 S.E.2d 657 (1982)

DEPARTMENT OF TRANSPORTATION v. Frank BRAGG and wife, Jo Anne Bragg; Orville D. Coward, Trustee; and Don D. Cogdill and wife, Clem H. Cogdill.

Court of Appeals of North Carolina.

November 2, 1982.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Frank P. Graham, Raleigh, for the State.

Coward, Coward & Dillard, P.A., Sylvia, and Brown, Ward & Haynes, P.A. by H.S. Ward, Jr., Waynesville, for defendants-appellants.


HILL, Judge.

Defendants Frank Bragg and his wife, Jo Anne Bragg, own a motel and 1.34 acres of land abutting U.S. Highway 441 on the easterly margin. The other defendants' interest in the land arises from a deed of trust on the premises.

On 28 March 1978, the State brought this condemnation action for a right of way on the east side of Highway 441. As part of its road-widening project, the Department of Transportation subsequently excavated a spring located...

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