Legal Opinion

Jennings v. State Highway Commission

Supreme Court of North Carolina

Decided February 22, 1922PublishedCited by 14 opinions

Civil ACTION, beard on return to preliminary restraining order before Horton, J., bolding courts of tbe First Judicial District, on 24 October, 1921. Tbe action is prosecuted by plaintiff, an owner of adjacent lands, to restrain defendants, tbe Highway Commission, from entering on said land and taking therefrom soil and material for purposes of constructing a public road, laid off as part of the State highway system, etc.

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Civil ACTION, beard on return to preliminary restraining order before Horton, J., bolding courts of tbe First Judicial District, on 24 October, 1921. Tbe action is prosecuted by plaintiff, an owner of adjacent lands, to restrain defendants, tbe Highway Commission, from entering on said land and taking therefrom soil and material for purposes of constructing a public road, laid off as part of the State highway system, etc. On the affidavits and evidence submitted, the court finds the facts and entered judgment thereon as follows: JUDGMENT DISSOLVING INJUNCTION This cause coming on to be heard…

1Opinion of the CourtHoke, J.

Plaintiff excepts to the judgment, contending, as we understand his position, that the right to take and use his property can only be acquired by action or special proceedings duly instituted, and in which the kind and quantity of material to be taken shall be designated and fully described, but in our opinion the exception cannot be sustained.

The General Assembly has conferred on the Highway Commission the power to enter on and appropriate land of private owners for the purpose of constructing highways as part of the State system, on giving due notice to the owner. C. S., 3667 et seq. And in…

2Cases cited4 opinions

  1. Jeffress v. Town of GreenvilleSupreme Court of North Carolina · 1911
  2. Lynch v. ForbesMassachusetts Supreme Judicial Court · 1894
  3. City of Kinston v. LoftinSupreme Court of North Carolina · 1908
  4. Dickson v. . PerkinsSupreme Court of North Carolina · 1916

3Cited by14 opinions

  1. Moore v. ClarkSupreme Court of North Carolina · 1952
  2. Browning v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1964
  3. Charles O. Martin, Raymond F. Farrar and Wife, Hazel M. Farrar, and Floyd B. Martin v. United StatesCourt of Appeals for the Fourth Circuit · 1957
  4. Parks v. Board of County CommissionersSupreme Court of North Carolina · 1923
  5. Livonia Township School District v. WilsonMichigan Supreme Court · 1954

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