Berta v. North Carolina State Highway Commission

BRITT, Judge.

Did the trial court err in denying appellants’ motion to intervene in this action? We hold that it did not.

Appellants concede that if this action had been instituted by defendant pursuant to G.S. 136-104, they would have no right to intervene since that statute provides that title vests in the Board of Transportation when it files the complaint and declaration of taking and deposits the estimated amount of compensation with the court.

They argue, however, that when the action is for inverse condemnation under G.S. 136-111, the statute controlling this case, title does not vest in…