Ledford v. North Carolina State Highway Commission

SHARP, Justice.

Like any other person whose land is taken by the State Highway Commission for highway purposes, an owner whose access to a public road is a right-of-way over adjoining property is entitled to just compensation when the State deprives him of this easement. Ordinarily, such a taking will be accomplished by the filing of a complaint and a declaration of taking as specified in G.S. 136-103. However, G.S. 136-111 provides that “any person whose land or compensable interest therein” has been appropriated by the Highway Commission without the filing of a complaint and declaration of…