State v. Williams and Hessee

CLARK, Judge.

Defendants first argue that the State did not have the right to acquire their property for the purpose as set forth in the complaint. The exhibits attached to the complaint indicated that the purpose for taking the property was the “Expansion of Eno River State Park.” Defendants specifically argue that a strict interpretation of G.S. 146-22.1(5), which provides for the condemnation of “[l]ands necessary for public parks and forestry purposes,” does not authorize the use of the power of eminent domain for the “expansion” of the Park. Defendants point out that unlike subsection…