Department of Transportation v. Wolfe

WYNN, Judge.

In 1949, the State Highway and Public Works Commission, now the Department of Transportation (DOT), acquired a right of way in Catawba County for the construction of Highway 321. The right of way was seventy-five feet wide on either side of the centerline and ran across the property of Paul and Ella Mae Yount. This right of way was not recorded. In 1988, defendant, Ralph P. Wolfe, acquired the former Yount property.

On 2 March 1992, the DOT commenced a condemnation action in accordance with N.C. Gen. Stat. § 136-103 for the purpose of widening Highway 321. The pleadings and plan…