Legal Opinion

Proctor v. State Highway & Public Works Commission

Supreme Court of North Carolina

Decided October 12, 1949PublishedCited by 8 opinions

1Opinion of the CourtErviN, J.

Both appeals present this question: In the absence of an agreement so providing, can the State Highway and Public Works Commission require a landowner to remove buildings of a permanent character from the portion of his realty taken for highway purposes to his remaining land %

The State has delegated to the State Highway and Public Works Commission the right to condemn private property for the establishment and maintenance of public highways. Gr.S. 136-19. When land is appropriated under this power of eminent domain for the right of way for a *691road, tbe general public acquires an easement only…

2Cases cited13 opinions

  1. Hildebrand v. Southern Bell Telephone & Telegraph Co.Supreme Court of North Carolina · 1941
  2. State Highway & Public Works Commission v. HartleySupreme Court of North Carolina · 1940
  3. Reed v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1936
  4. Durham v. Trustees of Bullock ChurchSupreme Court of North Carolina · 1889
  5. North Carolina State Highway Commission v. YoungSupreme Court of North Carolina · 1931

8 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Department of Transportation v. RoweSupreme Court of North Carolina · 2001
  2. North Carolina Board of Transportation v. RandSupreme Court of North Carolina · 1980
  3. Gallimore v. STATE HIGHWAY AND PUBLIC WORKS COM'NSupreme Court of North Carolina · 1955
  4. Dep't of Transp. v. Adams Outdoor Adver. of Charlotte Ltd.Court of Appeals of North Carolina · 2016
  5. United States v. MartinDistrict Court, M.D. North Carolina · 1956

3 more not listed; retrieve them via the Exa API.

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