North Carolina State Highway & Public Works Commission v. Pardington

Decision on this appeal turns upon the answer to the question as to whether in a proceeding instituted under provisions of G.S. 136-19, the petitioner, North Carolina State Highway and Public Works Commission, is required to pay into court the amount of the award made by the Commissioners, as a condition precedent to taking possession of the land sought to be acquired for right of way for public highway purposes. The statute itself furnishes a negative answer.

It is provided in G.S. 136-19 that “The State Highway and Public Works Commission is vested with the power to acquire such rights of…