Harrold v. Good Roads Commission
Supreme Court of North Carolina
Appeal by defendant from Shaw, J., at June Term, 1921, of Wilkes. This was a proceeding under ch. 345, Public-Local Laws of 1915, known as the “Wilkes County Eoad Law.”
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Appeal by defendant from Shaw, J., at June Term, 1921, of Wilkes. This was a proceeding under ch. 345, Public-Local Laws of 1915, known as the “Wilkes County Eoad Law.” Section 13 thereof relates to compensation for land taken for rights of way for public roads, and provides that where the land is taken for that purpose, if the owner and the road commission cannot agree upon compensation, he may apply to the clerk of the court to appoint a jury of three freeholders to go upon the land and assess the damages, with a right to either party to appeal to the Superior Court. Section 15 of the act…
1Opinion of the CourtClabic, C. J.
Two actions were brought, one under see. 13 and the other under see. 15, eh. 345, Public-Local Laws 1915, and were consolidated, thus making two causes of action, but as the evidence, the trial, the appeal, and the assignments of error are all under section 15, we need consider only that cause of action.
Section 15 provides as to the measure of compensation for taking the top soil as follows: “It shall be the duty of said commission to pay a just and reasonable price for the same.” There is nothing said about either special or any other benefit being considered, and on an examination of the…
2Cases cited5 opinions
- Miller v. City of AshevilleSupreme Court of North Carolina · 1893
- Southport, Wilmington & Durham Railroad v. Owners of Platt LandSupreme Court of North Carolina · 1903
- Campbell v. Road CommissionersSupreme Court of North Carolina · 1917
- Elks v. Commissioners of Pitt CountySupreme Court of North Carolina · 1920
- Ruark v. . HarperSupreme Court of North Carolina · 1919