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DEPARTMENT OF TRANSP. v. HIGDON

No. 8628SC295.

347 S.E.2d 868 (1986)

DEPARTMENT OF TRANSPORTATION v. Lewis R. HIGDON and wife, Carol Higdon; First Union National Bank, Trustee; and Asheville Federal Savings and Loan Association.

Court of Appeals of North Carolina.

September 16, 1986.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. Guy A. Hamlin, Asheville, for plaintiff-appellee.

Patla, Straus, Robinson & Moore by Jones P. Byrd, Asheville, for defendants-appellants.

ARNOLD, Judge.

Defendants contend that the trial court erred in its determination that the area taken by plaintiff was the area described in the plat. We disagree.

In Ledford v. Highway Comm., 279 N.C. 188, 190-91, 181 S.E.2d 466, 468 (1971), our Supreme Court stated:

"Taking" under the power of eminent domain may be defined generally as entering upon private property for more...

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