Nantahala Power & Light Co. v. Carringer
Supreme Court of North Carolina
1Opinion of the CourtBarNhill, J.
When an easement is acquired in land the fee remains in the. original owner burdened by the uses for which the easement is acquired. Hence, in awarding compensation to the owner of land for an easement acquired due consideration -is to be given to the fact that the fee remains in the own subject to the prior rights incident to the easement.
Recovery may be had for the depreciated market value of the land actually embraced within the right of way, together with damages, if any, to the remainder of the land used by the owner as one tract. The measure of permanent damages for the appropriation of…
2Cases cited5 opinions
- Western Carolina Power Co. v. HayesSupreme Court of North Carolina · 1927
- Elks v. . Comrs.Supreme Court of North Carolina · 1920
- Colvard v. Nantahala Power & Light Co.Supreme Court of North Carolina · 1933
- Crisp v. Nantahala Power & Light Co.Supreme Court of North Carolina · 1931
- Caldwell Power Co. v. RussellSupreme Court of North Carolina · 1924
3Cited by8 opinions
- Carolina Power & Light Company v. CreasmanSupreme Court of North Carolina · 1964
- Kell v. Appalachian Power Co.West Virginia Supreme Court · 1982
- Gallimore v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1955
- Carolina Power and Light Company v. ClarkSupreme Court of North Carolina · 1956
- Gallimore v. STATE HIGHWAY AND PUBLIC WORKS COM'NSupreme Court of North Carolina · 1955
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