Department of Transportation v. McDarris

BECTON, Judge.

I

This is a condemnation action filed on 28 March 1978 by plaintiff, the North Carolina Department of Transportation (DOT) involving property owned by the defendants, the McDarrises. That the DOT had the authority to and did properly condemn the McDarrises’ property is not questioned; rather, the DOT’s appeal concerns the amount of compensation awarded and the method by which that sum was derived. The relevant facts follow.

II

The condemned property is part of two tracts owned by the McDarrises, totalling 15.03 acres, and located along U.S. highway 441 in Jackson County. Before the…