Department of Transportation v. Harkey

EXUM, Justice.

The sole question presented by this appeal is whether the elimination of defendant property owners’ direct access to an abutting highway is a taking under G.S. 136-89.53, entitling them to compensation for damages in a condemnation proceeding, when access to the highway remains available via a series of residential streets. We conclude there has been a taking under well-established principles in this state, and the property owners are entitled to compensation for the loss of direct access.

Plaintiff filed its complaint pursuant to article nine of chapter 136 of the General…