Opinion

Board of Transportation v. Brown

  • 34 N.C. App. 266
  • 237 S.E.2d 854
  • 1977 N.C. App. LEXIS 1652
Court
Court of Appeals of North Carolina
Filed
Oct 19, 1977
Status
Published
Author
Hedrick
On the bench
Clark, Vaughn, Hedrick
Cited by
9 cases

"The landowner who has a part of his tract taken has the burden of proving by competent evidence this relationship, that is, how the use of the land taken results in damage to the remainder."

How later courts described this case

  • "The landowner who has a part of his tract taken has the burden of proving by competent evidence this relationship, that is, how the use of the land taken results in damage to the remainder."

Written by the judges who cited it.

The opinion

Judge HEDRICK,

concurring in the result.

I agree with the majority that the trial judge erred to the defendants’ prejudice by failing to instruct the jury in this case that the fact that the defendants have no direct access to the highway constructed on the property shall be considered in determining the fair market value of the remaining property immediately after the *271 taking. In my opinion, however, defendants have failed to show prejudicial error in the trial judge’s rulings described in the majority opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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