Proctor v. Highway Commission

Prior to 19 October, 1947, the petitioner, Mrs. Alda Proctor, acquired title in fee simple to lands in Marion Township in McDowell County, containing her frame dwelling and a brick store building. On the day stated, the respondent, State Highway and Public Works Commission, entered the land of the petitioner and appropriated a portion of the same to public use as a right of way for a highway. Parts of the residence and store stand on the right of way taken by respondent, and the remainders of these buildings are on the residue of the petitioner's land.

The appropriation was made by respondent…