Legal Opinion

Templeton v. State Highway Commission

Supreme Court of North Carolina

Decided March 29, 1961No. 238PublishedCited by 26 opinions

1Opinion of the CourtWiNBORNE, C.J.

The purpose of this proceeding is the determination of compensation to be paid by the respondent to petitioners for the land taken in the construction of the portion of the highway described in the pleading.

The rule of law to be applied in this case is stated in Proctor v. Highway Comm., 230 N.C. 687, 55 S.E, 2d 479, as follows: “Where only a part of a tract of land is appropriated by the State Highway & Public Works Commission for highway purposes, the measure of damages in such proceeding is the difference between the fair market value of the entire tract immediately before the taking and…

2Cases cited5 opinions

  1. Barnes v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1959
  2. North Carolina State Highway & Public Works Commission v. BlackSupreme Court of North Carolina · 1954
  3. State Highway & Public Works Commission v. HartleySupreme Court of North Carolina · 1940
  4. Milling Co. v. . Highway CommissionSupreme Court of North Carolina · 1925
  5. Robinson v. State Highway CommissionSupreme Court of North Carolina · 1958

3Cited by26 opinions

  1. Duke Power Co. v. WinebargerSupreme Court of North Carolina · 1980
  2. Department of Transportation v. M.M. Fowler, Inc.Supreme Court of North Carolina · 2006
  3. Beroth Oil Co. v. North Carolina Department of TransportationSupreme Court of North Carolina · 2014
  4. Kirkman v. State Highway CommissionSupreme Court of North Carolina · 1962
  5. State Roads Commission v. WyvillCourt of Appeals of Maryland · 1966

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