Department of Transportation v. Coleman

Judge Greene

dissenting.

I do not agree that evidence of a property owner’s transactions and activities, prior to the date of a Chapter 136 condemnation, is admissible to determine the amount of just compensation. I would award the plaintiffs a new trial.

The damages in a Chapter 136 condemnation proceeding are to be determined as of the date of the taking. N.C.G.S. § 136-112 (1993). The taking occurs on the date Department of Transportation (DOT) files a civil action and declaration of taking. N.C.G.S. § 136-103 (1997).

Where only a part of a tract [of land] is taken, the measure of damages . .…