Jones v. Winckelmann

Judge Lewis

concurring.

I agree that this matter must be remanded to the Superior Court. I write separately to express my opinion that the cartway statute provision cited by petitioner is unconstitutional on its face under both North Carolina’s Constitution, Article I, Section 19, and under the Due *147Process Clause of the Fourteenth Amendment of the United States Constitution.

“Cartways are regarded as quasi-public roads, and the condemnation of private property for such a use has been frequently sustained upon that ground as a valid exercise of the power of eminent domain.” Barber v. Griffin, 158…