North Carolina State Highway Commission v. Hettiger

In passing on the Commission’s motion to strike, the facts alleged in defendants’ further answer are deemed admitted. The question is whether these facts entitle defendant to recover compensation in excess of the fair market value as of March 5, 1965, of the property described in said Exhibit B. See G.S. 136-106(a) (3). If not, the order of Judge Lupton striking the further answer should be affirmed.

G.S. 136-104, in pertinent part, provides: “Upon the filing of the complaint and the declaration of taking and deposit in court, to the use of the person entitled thereto, of the amount of the…