Legal Opinion

Town of Hertford v. Harris

Supreme Court of North Carolina

Decided February 24, 1965No. 39PublishedCited by 6 opinions

1Opinion of the CourtRodmaN, J.

The Legislature has authorized municipalities to acquire property for the purposes enumerated in the petition, G.S. 160-204. If unable to agree with the owner on the amount to be paid, the municipality may condemn, G.S. 160-205.

Here, the court has found as a fact that Hertford sought in good faith to acquire title by private negotiation. Defendants have not, by exceptions, challenged the findings. The findings are conclusive. The only question then is: Do the facts found warrant the order which the court made? Schloss v. Jamison, 258 N.C. 271, 128 S.E. 2d 590; Goldsboro v. R. R., 246 N.C.…

2Cases cited6 opinions

  1. Schloss v. JamisonSupreme Court of North Carolina · 1962
  2. City of Goldsboro v. Atlantic Coast Line Railroad Co.Supreme Court of North Carolina · 1957
  3. Durham v. Rigsbee.Supreme Court of North Carolina · 1906
  4. Virginia Electric & Power Company v. KingSupreme Court of North Carolina · 1963
  5. Western Carolina Power Co. v. MosesSupreme Court of North Carolina · 1926

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3Cited by6 opinions

  1. State v. TateSupreme Court of North Carolina · 1980
  2. In Re the Appeal of Reeves Broadcasting Corp.Supreme Court of North Carolina · 1968
  3. Durland v. PetersCourt of Appeals of North Carolina · 1979
  4. In re Condemnation of Property of SimmonsCourt of Appeals of North Carolina · 1969
  5. State ex rel. Missouri Highway & Transportation Commission v. RantzMissouri Court of Appeals · 2001

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