STATE HIGHWAY COMMISSION v. ROSE

No. 7623SC337.

228 S.E.2d 664 (1976)

31 N.C. App. 28

STATE HIGHWAY COMMISSION v. T. W. ROSE et al.

Court of Appeals of North Carolina.

October 6, 1976.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Asst. Atty. Gen. Charles M. Hensey, Raleigh, for the State.

Franklin Smith, Elkin, and Folger & Folger, by Fred Folger, Jr., Mount Airy, for defendants appellants.


BRITT, Judge.

Defendants contend first that the trial court did not have authority to pass upon the question whether defendants are entitled to compensation because of the construction of the islands adjacent to their property. We reject this contention.

G.S. 136-108 provides: "After the filing of the plat, the judge, upon motion and 10 days' notice by either the Board of Transportation or the owner, shall, either in or out of term, hear and determine any...

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