City of Gastonia v. Glenn

It is provided by O. S., 1716, that in condemnation, the petition, when filed by the condemnor, “must contain a description of the real estate which the corporation seeks to acquire.” This we apprehend means a description of the property sought to be acquired and not merely a description of the entire tract over which the right of way, privilege, or easement is to run. Tbe right o£ way is to be located before it can be taken. It must be fixed and not fugitive. See Johnston County v. Stewart, 217 N. C., 334, 7 S. E. (2d), 708. In other words, to paraphrase a certain parody, “the recipe for…