City of Kings Mountain v. Goforth

BOBBITT, Chief Justice.

Municipal corporations have the right of eminent domain for the purpose of acquiring private property to construct and maintain a municipal water system. G.S. 40-2(2). The procedure applicable to the condemnation proceeding now under consideration is that prescribed by G.S. Chapter 40, “Eminent Domain,” Article 2, “Condemnation Proceedings,” G.S. 40-11 et seq. Under this procedure, after the filing of the petition and answer, commissioners are appointed to appraise the subject property. G.S. 40-12; G.S. 40-16; G.S. 40-17. If the condemnor, “at the time of the appraisal,…