In re Wittkowsky's Land
Supreme Court of North Carolina
Special PROCEEDINGS for condemnation of land of S. Wittkowsky, beard by Judge B. B. Peebles on appeal from the Clerk, at the July Term, 1906, of the Superior Court of MeoKLENbubg. On 15 March, 1906, the Board of Trustees of Charlotte Township notified S. Wittkowsky that they had,condemned a strip of his land to widen the public highway. On 23 March, 1906, he applied to the Clerk of Court to appoint a jury of five men to assess his damages.
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Special PROCEEDINGS for condemnation of land of S. Wittkowsky, beard by Judge B. B. Peebles on appeal from the Clerk, at the July Term, 1906, of the Superior Court of MeoKLENbubg. On 15 March, 1906, the Board of Trustees of Charlotte Township notified S. Wittkowsky that they had,condemned a strip of his land to widen the public highway. On 23 March, 1906, he applied to the Clerk of Court to appoint a jury of five men to assess his damages. On 24 March, 1906, the Clerk appointed the jury, who were summoned by the Sheriff, and assessed the damages at $2,000. The application to the Clerk, the…
1Opinion of the CourtClaR-e, C. J.
This was a proceeding under Laws 1901, cb. 50, sec. 5, as amended by Laws 1905, eh. YYO, sec. 1 (2). Tbe notice to Wittkowsky that tbe strip1 of bis land bad been taken for public purposes was not tbe beginning of legal proceedings. Tbe “taking” was under tbe right of eminent domain and was not contested. Tbe above-quoted section provided that any person aggrieved “may within six months after said change of road, or new road has been opened and completed, apply to tbe Clerk of tbe Superior Court, who shall appoint a jury to consist of five freeholders to assess the damages.” This was tbe…
2Cases cited2 opinions
- State v. JonesSupreme Court of North Carolina · 1905
- Gamble v. . McCradySupreme Court of North Carolina · 1876
3Cited by4 opinions
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