Newton v. North Carolina State Highway & Public Works Commission

When a landowner initiates a special proceeding to recover compensation from the State Highway and Public Works Commission under the provisions of the statute codified as Gr.S. 136-19, his petition must allege, among other things, facts showing that his land has been taken or damaged for public use without just compensation by the State Highway and Public Works Commission. 30 C.J.S., Eminent Domain, Section 422. The petition in the instant proceeding falls short of this requirement. To be sure, it alleges that the cracks in the lot “are caused by a displacement of the embankment forming the…