Carolina & Yadkin River Railroad v. Armfield
Supreme Court of North Carolina
Appeal by plaintiff from Lane, J., at May Term, 1914, of Davidsojst. Proceedings to condemn land for railroad right of way, heard on transfer from clerk of Superior Court.
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Appeal by plaintiff from Lane, J., at May Term, 1914, of Davidsojst. Proceedings to condemn land for railroad right of way, heard on transfer from clerk of Superior Court. The evidence tended to show that the proposed right of way would lie over a tract of land owned by defendant in the town of Thomasville, N. C., suitable for building lots, the evidence of defendant being to the effect that the injury to the property arising from land actually required for the right of way, 2.13 acres, and the impaired value to the remainder of the tract would amount to from $10,000 to $19,000. The evidence…
1Opinion of the Court
Hoke, J.,
after stating the ease: It is the recognized rule in this State that in awarding compensation on condemnation of a railroad right of way, recovery may be had for the impaired value of the property by reason of the easement acquired; this, as a rule, to include the market value of the land actually taken or covered by the right of way and the “damages done to the remainder of the tract or portions of the land used by the owner as one tract, deducting from the estimate the pecuniary benefits or advantages which are special or peculiar to the tract in question, but not those which are…
2Cases cited12 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Chicago v. TaylorSupreme Court of the United States · 1888
- Gainesville, Henrietta & Western Railway Co. v. HallTexas Supreme Court · 1890
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- Brown v. . Power Co.Supreme Court of North Carolina · 1905
7 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Barnes v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1959
- Long v. City of CharlotteSupreme Court of North Carolina · 1982
- North Carolina State Highway & Public Works Commission v. BlackSupreme Court of North Carolina · 1954
- R. R. v. . Manufacturing Co.Supreme Court of North Carolina · 1915
- Rouse v. City of KinstonSupreme Court of North Carolina · 1924
26 more not listed; retrieve them via the Exa API.