Rouse v. City of Kinston

The defendant’s first assignment of error:

“The defendant moved the court to remand the case to the clerk, to the end that commissioners might be appointed as in condemnation proceedings, based on defendant’s answer, or to appoint the commissioners to view the premises and assess the damages, which the court declined to do.”

C. S., oh. 33, “Eminent Domain,” sec. 1706, is as follows:

“The right of eminent domain may, under the provisions of this chapter, be exercised for the purpose of constructing their roads, canals, lines of wires, or other works, which are authorized by law and which involve…