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  5. 496 S.E.2d 563 (1998)
 

DEPARTMENT OF TRANSP. v. HUMPHRIES

No. 232PA97.

496 S.E.2d 563 (1998)

DEPARTMENT OF TRANSPORTATION v. Charles Edward HUMPHRIES and wife, Loretta Humphries; W.J. Allran, III, Trustee; NationsBank of North Carolina (formerly NCNB of North Carolina).

Supreme Court of North Carolina.

March 6, 1998.

Attorney(s) appearing for the Case

Michael F. Easley, Attorney General by J. Bruce McKinney, Assistant Attorney General, for plaintiff-appellee.

Long, Parker & Warren, P.A. by Robert B. Long, Jr., and Kimberly A. Lyda, Asheville, for defendant-appellants Charles and Loretta Humphries.

ORR, Justice.

This case arises out of a condemnation action instituted by plaintiff, North Carolina Department of Transportation (DOT), against defendants Charles and Loretta Humphries on 8 May 1995 as part of DOT's project to widen North Carolina Highway 150. DOT is claiming an existing right-of-way, seventy-five feet from the centerline of the highway, pursuant to an unrecorded right-of-way agreement.

Although defendants own three tracts of land along Highway...

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