Wofford v. North Carolina State Highway Commission

The question is whether the closing of 21st Street about TOO feet east of plaintiffs’ property, so as to leave it on a cul-de-sac, *680constitutes an appropriation of a property right of plaintiffs for which they are entitled to compensation from the State.

The same legal question, on similar facts, arose in Hiatt v. Greensboro, 201 N.C. 515, 160 S.E. 748 (1931). In holding that the property owner had suffered compensable damage this Court said: “He has an easement in the street, which is appurtenant to his lot. This easement is his private property of which he cannot be deprived even for the use…