Southern Furniture Co. of Conover, Inc. v. Department of Transportation

MARTIN, Judge.

Plaintiff is the owner of a tract of land in High Point, Guilford County, North Carolina, located on the south side of U.S. Highway 29-70. In 1953, plaintiffs predecessors in title, the Clinard heirs entered into a right-of-way agreement (the 1953 agreement) with the State Highway Commission (now defendant Department of Transportation), in which they granted a right-of-way over their property for the construction of U.S. Highway 29-70. The proposed highway split the property retained by the Clinards to the north and the south. The 1953 agreement required the Commission to…