DEPARTMENT OF TRANSPORTATION v. ROWE

No. 506A98-2.

549 S.E.2d 203 (2001)

353 N.C. 671

DEPARTMENT OF TRANSPORTATION v. Joe C. ROWE and wife, Sharon B. Rowe; Howard L. Pruitt, Jr. and wife, Georgia Pruitt; Robert W. Adams, trustee; Aline D. Bowman; Frances Bowman Bollinger; Lois Bowman Moose; Dorothy Bowman Abernethy and husband, Kenneth H. Abernethy; Martha Bowman Caudill and husband, Jack Caudill; Appalachian Outdoor Advertising Co., Inc. (formerly Appalachian Poster Advertising Company, Inc.), Lessee; and Florence Bowman Bolick.

Supreme Court of North Carolina.

July 20, 2001.


Attorney(s) appearing for the Case

Roy A. Cooper, Attorney General, by J. Bruce McKinney, Assistant Attorney General, and T. Lane Mallonee and W. Richard Moore, Special Deputy Attorneys General, for plaintiff-appellant.

Lewis & Daggett, Attorneys at Law, P.A., by Michael J. Lewis, Winston-Salem; and Bell, Davis & Pitt, P.A., by Stephen M. Russell, Winston-Salem, for defendant-appellees.


ORR, Justice.

This dispute arose from the North Carolina Department of Transportation's ("DOT") decision to build a road connecting U.S. Highway 70-321 to an interchange on Interstate 40 in Catawba County. To acquire land for this project, the DOT exercised its authority under N.C.G.S. § 136-18 to condemn 11.411 acres of defendants' 18.123-acre tract. As required by statute, the DOT acquired defendants' property by filing a declaration of taking and asking for...

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