City of Winston-Salem v. Yarbrough

McCRODDEN, Judge.

Plaintiff’s Appeal

Plaintiff brings forward four assignments of error and four arguments in support thereof. Each of plaintiff’s arguments concerns the trial court’s determination that defendants’ parcels should be treated as one tract for purposes of compensation. We find no merit in plaintiff’s arguments.

Municipalities such as plaintiff are empowered to condemn property for, among other things, the opening of roads. N.C. Gen. Stat. § 40A-3 (1984). This power is subject, of course, to the requirement that the municipality provide just compensation to the owner of the property…