Atkinson v. Carolina Power & Light Co.

For the purposes of appeal the cases of Atkinson v. Carolina Power & Light Company and Redfearn v. Carolina Power & Light Company were consolidated.

The Redfearn case challenges the right of the defendant to condemn the fee of that portion of the land sought between the high water line and the 230 foot contour line while the Atkinson case questions defendant’s right to condemn the fee in any of the property sought.

Plaintiff contends in each case, first, that condemnation up to the 230 foot contour line is arbitrary, capricious and unnecessary, second, that Section 24-12 of the Code of Laws of…