Commissioners of Beaufort County v. Bonner
Supreme Court of North Carolina
Appeal from Beaueobt from Ferguson, J., at chambers, May, 1910. The record disclosed that at January Session, 1910, of the Board of Commissioners of Beaufort County, on a petition to condemn about an acre of defendant’s land for a public landing, at a point in said county where the “Public road runs along the banks of Durham Creek,” the following order was made and entered: “At the January Session, 1910, of the Board of Commissioners of Beaufort County, the following order…
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Appeal from Beaueobt from Ferguson, J., at chambers, May, 1910. The record disclosed that at January Session, 1910, of the Board of Commissioners of Beaufort County, on a petition to condemn about an acre of defendant’s land for a public landing, at a point in said county where the “Public road runs along the banks of Durham Creek,” the following order was made and entered: “At the January Session, 1910, of the Board of Commissioners of Beaufort County, the following order was passed, to-wit: RECORD OE COMMISSIONERS. “In the matter of the petition of Gilbert Bonner and others.” “The board of…
1Opinion of the Court
Hoke, J.,
after stating tbe case. Whatever right, may arise to tbe public in this case by reason of tbe fact that a public road lay along tbe banks of tbe creek (presumably a navigable stream), they did not include or embrace the easement sought to be established in this proceeding; tbe appropriation of an acre of defendant’s land “for tbe purposes of a public landing.” This right as proposed and described entirely exceeded tbe easement of a public highway and could only be acquired in invitum, except by condemnation and under tbe power of eminent domain. Barrington v. Ferry Co., 69 N. C., p.…
2Cases cited6 opinions
- Bauman v. RossSupreme Court of the United States · 1897
- City of Tacoma v. StateWashington Supreme Court · 1892
- County Board of Education v. Board of CommissionersSupreme Court of North Carolina · 1909
- In re Open & Widen Willis AvenueMichigan Supreme Court · 1885
- Schmidt v. DensmoreSupreme Court of Missouri · 1868
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- Lloyd v. . VenableSupreme Court of North Carolina · 1915
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