Board of Transportation v. Royster

CLARK, Judge.

The defendants assign as error the trial court’s denial of their motion to strike the Board of Transportation’s second amended complaint and declaration of taking of Tract “B” by adding Tract “A”, contending that by adding the separate tract, not contiguous to the Tract “B”, a different and separate condemna tion proceeding was instituted without strict adherence to the requirements of G.S. 136-103.

It is clear from the record on appeal that defendants owned two tracts of land separated by the Cary-Macedonia Road; that in the proceeding before us the Board of Transportation in its…