Legal Opinion

Rowlette v. State

Court of Appeals of North Carolina

Decided February 19, 2008No. COA06-1036PublishedCited by 13 opinions

1Opinion of the Court

STEPHENS, Judge.

“[T]he security of Property[,]” Alexander Hamilton informed the Philadelphia Convention in May of 1787, is one of the “great obj[ects] of Government.]” 1 The Records of the Federal Convention of 1787 302 (Max Farrand ed. 1911). Accordingly, the United States Constitution provides that “private property [shall not] be taken for public use, without just compensation.” U.S. Const, amend. V. 1 Although North Carolina’s Constitution does not expressly prohibit private property from being taken for public use without compensation, “ ‘the principle is so grounded in natural equity…

2Cases cited26 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
  3. Webb's Fabulous Pharmacies, Inc. v. BeckwithSupreme Court of the United States · 1980
  4. Andrus v. AllardSupreme Court of the United States · 1979
  5. Texaco, Inc. v. ShortSupreme Court of the United States · 1982

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3Cited by13 opinions

  1. Muskin v. State Department of Assessments & TaxationCourt of Appeals of Maryland · 2011
  2. Fairfield Harbour Property Owners Ass'n v. Midsouth Golf, LLCCourt of Appeals of North Carolina · 2011
  3. Cwik v. TopinkaAppellate Court of Illinois · 2009
  4. Gaskin v. JS PROCTER COMPANY, LLCCourt of Appeals of North Carolina · 2009
  5. Simon v. WiessmannCourt of Appeals for the Third Circuit · 2008

8 more not listed; retrieve them via the Exa API.

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