SUPREME COURT OF NORTH CAROLINA RULES TRIAL COURT ERRED IN HOLDING HIGHWAY COMMISSION WAS UNREASONABLE IN CONDEMNING SCHOOL PROPERTY FOR A CONTROLLED-ACCESS FACILITY

THE STATE HIGHWAY COMMISSION CONDEMNED ABOUT 4 ACRES OF A 129.19-ACRE TRACT OF LAND, ON WHICH WERE LOCATED THREE SCHOOLS, & WHICH WAS OWNED BY THE GREENSBORO CITY BOARD OF EDUCATION, FOR A CONTROLLED-ACCESS FACILITY. THE CONDEMNEE CONTENDED THAT THE COMMISSION HAS NO SPECIFIC LEGISLATIVE AUTHORIZATION NOR ANY LEGISLATIVE AUTHORIZATION OF UNMISTAKABLE INTENT TO CONDEMN LAND OWNED BY IT. THE TRIAL JUDGE FOUND THAT THE COMMISSION HAD THE RIGHT UNDER EMINENT DOMAIN TO CONDEMN THE PROPERTY BUT THAT UNDER THE FACTS OF THIS CASE SUCH ACTION WAS UNREASONABLE AND WITHOUT JUSTIFICATION. THE COURT WONDERED WHY THE COMMISSION COULD NOT MOVE THE ROAD 50 FEET AND TAKE PUBLIC PROPERTY FROM A GOLF COURSE. THE COURT DISMISSED THE CONDEMNATION ACTION AND THE COMMISSION APPEALED. THE APPELLATE COURT NOTED THAT A LEGISLATIVE STATUTE PROVIDED THAT THE COMMISSION COULD ACQUIRE PRIVATE OR PUBLIC PROPERTY FOR CONTROLLED-ACCESS FACILITIES IN VARIOUS WAYS, INCLUDING CONDEMNATION. THE COURT STATED THAT THERE WAS NO EVIDENCE IN THE RECORD TO SUPPORT THE TRIAL COURTS FINDING THAT THE RIGHT-OF-WAY COULD BE MOVED WITHOUT MATERIALLY AFFECTING THE PROJECT AND THAT THE COURT COULD NOT SUBSTITUTE ITS JUDGEMENT FOR THAT OF THE COMMISSION. THE EXERCISE OF THE COMMISSION OF ITS DISCRETIONARY AUTHORITY AND POWERS WAS NOT SUBJECT TO JUDICIAL REVIEW UNLESS ITS ACTION WERE SO CLEARLY UNREASON- ABLE AS TO AMOUNT TO OPPRESSIVE & MANIFEST ABUSE. THE BOARD DID NOT RAISE THIS ISSUE NOR WAS THERE ANY EVIDENCE SUPPORT- ING IT. THE CASE WAS REMANDED TO THE TRIAL COURT FOR A DETERMINATION OF THE AMOUNT OF COMPENSATION. (STATE HIGHWAY COMMISSION V. GREENSBORO CITY BOARD OF EDUCATION, 143 S.E. 2D 87, JUL 1965)

  • Supplemental Notes:
    • No 21, pp 1-2
  • Publication Date: 1966-5

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  • Accession Number: 00238605
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Feb 10 1994 12:00AM