Lea Co. v. North Carolina Board of Transportation

MITCHELL, Justice.

This case presents two basic issues for our consideration. The first issue is whether an easement for flooding was taken from the plaintiff by the defendant, a State agency. The second involves whether the plaintiff retained its right to compensation in this action in light of a prior consent judgment and other facts. We hold that there was a taking by the defendant and that the plaintiff is entitled to compensation.

The evidence introduced at trial tended to show inter alia the following: In 1972, the plaintiff, Lea Company, sought to acquire real property for the…