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ROBINSON v. N.C. DEPT. OF TRANSP.

No. 8713SC908.

366 S.E.2d 492 (1988)

89 N.C. App. 572

James Robert ROBINSON and wife, Princess Pearl Robinson v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION and Lee Construction Company.

Court of Appeals of North Carolina.

April 5, 1988.

Attorney(s) appearing for the Case

Powell and Gore by William A. Powell, Shallotte, for plaintiffs-appellants.

Atty. Gen. Lacy H. Thornburg by Asst. Attys. Gen. Evelyn M. Coman and David R. Minges, Raleigh, for defendant-appellee Dept. of Transp.

ARNOLD, Judge.

Plaintiffs contend that the trial court erred in dismissing their complaint against the Department of Transportation. We agree.

Inverse condemnation is governed by G.S. 136-111 which states in pertinent part:

Any person whose land or compensable interest therein has been taken by an intentional or unintentional act or omission of the Department of Transportation and no complaint or declaration of taking has been filed by said Department...

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