Department of Transportation v. Rowe

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 a determination of just compensation. At trial, the presiding judge instructed the jury as to the requirements of N.C.G.S. §…