Department of Transportation v. Higdon

ARNOLD, Judge.

Defendants contend that the trial court erred in its determination that the area taken by plaintiff was the area described in the plat. We disagree.

In Ledford v. Highway Comm., 279 N.C. 188, 190-91, 181 S.E. 2d 466, 468 (1971), our Supreme Court stated:

“Taking” under the power of eminent domain may be defined generally as entering upon private property for more than a momentary period and, under the warrant or color of legal authority, devoting it to a public use, or otherwise informally appropriating or injuriously affecting it in such a way as substantially to oust the owner…