North Carolina Board of Transportation v. Rand

CARLTON, Justice.

At issue in this condemnation case is the sufficiency of a jury charge which did not include an instruction on general or special benefits where plaintiffs evidence tended to show such benefits existed. We hold that the jury charge was inadequate and therefore reverse the Court of Appeals.

It is well settled in this State that where only a portion of a tract of land is appropriated by the Board of Transportation for highway purposes,

the measure of damages in such proceeding is the difference between the fair market value of the entire tract immediately before the taking and…