State v. Taylor

Judge Eagles

dissenting.

I respectfully dissent. The majority has broadened the scope of the waiver of sovereign immunity in G.S. 41-10.1 so as to permit a betterments action against the State. To do so, they have broadly defined “claim of title” to include a claim for betterments. The majority bases its holding on the logic that since a claim for betterments can arise only “by virtue of’ a claim of title, it is included within the language of the waiver statute. I disagree with the majority’s loose reading of the statute.

Though the majority cites Mattox v. State, 21 N.C. App. 677, 205 S.E. 2d…