Carolina Power & Light Company v. Creasman

PETITIONER’S APPEAL

In condemnation proceedings, the petition, when filed by the con-demnor, “must contain a description of the real estate which the corporation seeks to acquire.” G.S. 40-12; 29 C.J.S., Eminent Domain § 259; 18 Am. Jur., Eminent Domain § 325. The condemnor must “first locate the property.” Gastonia v. Glenn, 218 N.C. 510, 11 S.E. 2d 459. Ordinarily, absent an amendment, the only property a condemnor may acquire is that described in the petition. See 29 C.J.S., Eminent Domain § 322.

Here, the petition describes a parcel of land fronting 69.82 feet on the western margin of…