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eBook details

• Title: Welling v. City of Charlotte
• Author : Supreme Court of North Carolina
• Release Date : January 14, 1955
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

In United States v. Grizzard, 219 U.S. 180, 31 S. Ct. 162, 55 L. Ed. 165, 31 L.R.A. (N.S.) 1135, Mr. Justice Lurton said: "Whenever there has been an actual physical taking of a part of a distinct tract of land, the compensation to be awarded includes not only the market value of that part of the tract appropriated, but the damage to the remainder resulting from that taking, embracing, of course, injury due to the use to which the part appropriated is to be devoted." (Our italics). This excerpt from Mr. Justice Lurtons opinion has been quoted with approval by this Court: Power Co. v. Hayes, 193 N.C. 104, 136 S.E. 353; Moses v. Morganton, 195 N.C. 92, 141 S.E. 484; Ayden v. Lancaster, 197 N.C. 556, 150 S.E. 40; Light Co. v. Rogers, 207 N.C. 751, 178 S.E. 575; Light Company v. Creasman, 262 N.C. 390, 137 S.E.2d 497.

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