DEPARTMENT OF TRANSP. v. ELM LAND CO.

No. COA03-468.

593 S.E.2d 131 (2004)

DEPARTMENT OF TRANSPORTATION, Plaintiff, v. ELM LAND COMPANY, First American Title of the Carolinas, LLC, Trustee, Textron Financial Corporation; David L. Henderson, Trustee; Charlotte National Investment Company; and Charlotte Gold Links, LLC, Defendants.

Court of Appeals of North Carolina.

March 16, 2004.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General James M. Stanley, Jr., for the State.

The Odom Firm, PLLC, by T. LaFontaine Odom, Sr., and Thomas L. Odom, Jr., Charlotte, for defendant-appellee Elm Land Company.


TIMMONS-GOODSON, Judge.

The Department of Transportation ("DOT") appeals from an order of the trial court declaring that DOT acquired a public right-of-way over property owned by Elm Land Company ("defendant") without compensation. The trial court further ordered a jury determination of the amount of damages, if any, owed to defendant. For the reasons stated herein, we affirm the order of the trial court.

The evidence presented at trial tended to show that...

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