North Carolina State Highway Commission v. Nuckles

Plaintiff’s Appeal.

After the complaint, answer, bill of particulars, and plat were filed, it was revealed that, as to each of defendants’ four tracts of land, there were two basic issues: (1) What land and appurtenances *13thereto, if any, was plaintiff taking in this action, and (2) what was just compensation for the property taken. With reference to (1), G.S. 136-108 provides:

“Determination of issues other than damages. — After the filing of the plat, the judge, upon motion and ten (10) days’ notice by either the Highway Commission or the owner, shall, either in or out of term, hear and…