Legal Opinion
City of Kings Mountain v. Cline
Court of Appeals of North Carolina
Decided July 25, 1973No. 7327SC390PublishedCited by 11 opinions
1Opinion of the Court
CAMPBELL, Judge.
Compensation for the taking of land by the exercise of the power of eminent domain is the fair market value of the land taken at the time of the taking. In this case it was 5 November 1969.
Fair market value is the price the property would bring when offered for sale by one who desires, but is not compelled to sell, and is bought by one desiring to buy, but not under the necessity of purchasing. Barnes v. Highway Commission, 250 N.C. 378, 109 S.E. 2d 219 (1959).
Where only a portion of the owner’s tract of land is taken, the measure of compensation is the difference between the…
2Cases cited6 opinions
- Barnes v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1959
- Pemberton v. City of GreensboroSupreme Court of North Carolina · 1935
- Williams v. State Highway CommissionSupreme Court of North Carolina · 1960
- Western Carolina Power Co. v. HayesSupreme Court of North Carolina · 1927
- Carolina Power & Light Company v. CreasmanSupreme Court of North Carolina · 1964
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Shera v. N.C. State University Veterinary Teaching HospitalCourt of Appeals of North Carolina · 2012
- City of Statesville v. CloaningerCourt of Appeals of North Carolina · 1992
- E-B Grain Co. v. DentonCourt of Appeals of North Carolina · 1985
- Esteel Co. v. GoodmanCourt of Appeals of North Carolina · 1986
- Orange County Flood Control District v. Sunny Crest Dairy, Inc.California Court of Appeal · 1978
6 more not listed; retrieve them via the Exa API.