Williams v. North Carolina State Highway Commission

The defendant North Carolina State Highway Commission, an unincorporated governmental agency of the State, is not subject to suit except in the manner expressly authorized by sta tute. Latham v. Highway Comm., 191 N.C. 141, 131 S.E. 385; McKinney v. Highway Comm., 192 N.C. 670, 135 S.E. 772; Schloss v. Highway Comm., 230 N.C. 489, 53 S.E. 2d 517; Moore v. Clark, 235 N.C. 364, 70 S.E. 2d 182; Cannon v. Wilmington, 242 N.C. 711, 89 S.E. 2d 595.

The authorized manner of suit against the Highway Commission to recover compensation for the taking of property is by a special proceeding in…