Taylor v. Askew

PARKER, Judge.

The statute, G.S. 136-69, which authorizes in certain cases the condemnation of a cartway for the benefit of one land owner over the lands of his neighbor, is in derogation of the rights of the owner of the land over which the cartway is to be established and must be strictly construed. Brown v. Glass, 229 N.C. 657, 50 S.E. 2d 912; Warlick v. Bowman, 104 N.C. 403, 10 S.E. 474. Accordingly, it is well settled that a petitioner is not entitled to condemn a cartway if he presently has reasonable access to a public road, Pritchard v. Scott, 254 N.C. 277, 118 S.E. 2d 890, and this is…