Switzerland Co. v. North Carolina State Highway & Public Works Commission

A careful perusal of the record leaves me with the impression that reversible error has been shown in respect of the land subjected to what is designated a “Scenic Easement,” if not also in respect of the admeasurement of damages.

First. It is alleged in the petition, paragraph 6, subsection (i), that in addition to the 76.7 acres of petitioner’s lands taken in fee simple, at least 12.12 acres adjacent to the right of way and belonging to the petitioner have been subjected to a scenic easement which is so drastic in its nature that it amounts “to the taking thereof in fee simple.”

The answer…