(Download) "Barnes V. North Carolina State Highway Commission" by Supreme Court of North Carolina ~ Book PDF Kindle ePub Free
eBook details
- Title: Barnes V. North Carolina State Highway Commission
- Author : Supreme Court of North Carolina
- Release Date : January 10, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
As to the measure of damages, the court instructed the jury, inter alia, as follwos: ". . . Where only a part . . . of a tract of land is appropriated by the State Highway Commission for public purposes, the measure of damages in such proceeding is the difference between the fair market value of the entire tract immediately before the taking and the fair market value of what is left immediately after the taking. The items going to make up this difference embrace compensation for the part taken and compensation for injury to the remaining portion which is to be offset under the terms of the controlling statute by any general or special benefit resulting to the landowner from the utilization of property taken for a highway." This instruction is in accord with our decisions. Proctor v. Highway Commission, 230 N.C. 687, 691, 55 S.E.2d 479; Robinsin v. Highway Commission, 249 N.C. 120, 105 S.E.2d 287, and cases cited.
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