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FERRELL v. DEPARTMENT OF TRANSPORTATION

No. 452A91.

435 S.E.2d 309 (1993)

334 N.C. 650

E.V. FERRELL, Jr., Douglas Dillard, and Rosena F. Dillard v. DEPARTMENT OF TRANSPORTATION.

Supreme Court of North Carolina.

October 8, 1993.

Attorney(s) appearing for the Case

Petree, Stockton, & Robinson by F. Joseph Treacy, Jr., Charlotte, for plaintiffs-appellees.

Attorney General Lacy H. Thornburg by Asst. Attys. Gen. Archie W. Anders and Elaine A. Dawkins, Raleigh, for defendant-appellant.

EXUM, Chief Justice.

This is an action for declaratory and injunctive relief against the Department of Transportation (DOT). Plaintiffs petitioned the trial court to determine pursuant to N.C.G.S. § 136-19 the price at which the DOT must reconvey to them land which the DOT previously took by eminent domain but no longer needs. At the time of this suit, N.C.G.S. § 136-19 provided:

If any parcel is acquired in fee simple as authorized by this section...

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