French v. State Highway Commission

The provisions of the Right of Way Agreement executed by the plaintiff and his wife to the defendant, which are quoted in the foregoing statement of facts, are exactly the same as the corresponding provisions in the agreement which was before us in Petroleum Marketers v. Highway Commission, 269 N.C. 411, 152 S.E. 2d 508. There, we said:

“In determining whether the plaintiff had a property right which has been taken or destroyed by the resolution of the Highway Commission, we are not controlled by the provision in G.S. 136-89.52 [enacted after the execution of the agreements both in that case…