Legal Opinion

Reed v. State Highway & Public Works Commission

Supreme Court of North Carolina

Decided March 18, 1936PublishedCited by 23 opinions

1Opinion of the CourtClarkson, J.

It is well settled that public funds cannot be taken for private purposes, and private property can only be taken for public purposes upon the payment of “just compensation” to the owner.

In Stratford v. Greensboro, 124 N. C., 127 (132-133), we find: “In cases where the municipal authorities are empowered by the general law, or by their charters, as in this case, to open up, grade, and pave streets, the expediency or necessity of doing so, and the power of exercising the right of eminent domain, condemning the private property of the citizen for that purpose, are entirely within the…

2Cases cited19 opinions

  1. Boom Co. v. PattersonSupreme Court of the United States · 1879
  2. Brodnax v. GroomSupreme Court of North Carolina · 1870
  3. Yarborough v. North Carolina Park CommissionSupreme Court of North Carolina · 1928
  4. Johnston v. . RankinSupreme Court of North Carolina · 1874
  5. Stratford v. City of GreensboroSupreme Court of North Carolina · 1899

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3Cited by23 opinions

  1. Mullen v. Town of LouisburgSupreme Court of North Carolina · 1945
  2. Turner v. . ReidsvilleSupreme Court of North Carolina · 1944
  3. State Highway Commission v. ThorntonSupreme Court of North Carolina · 1967
  4. Schloss v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1949
  5. Proctor v. Highway CommissionSupreme Court of North Carolina · 1949

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