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Williams v. North Carolina State Highway Commission
Citations: 114 S.E.2d 782; 252 N.C. 772; 1960 N.C. LEXIS 436Docket: 610
Court: Supreme Court of North Carolina; June 10, 1960; North Carolina; State Supreme Court
The North Carolina State Highway Commission, as an unincorporated governmental agency, can only be sued in ways explicitly permitted by statute. The appropriate legal action for compensation due to property taking is through a special proceeding in condemnation, as outlined in G.S. 136-19 and G.S. 40-12 et seq. An exception exists if no statutory procedure provides an adequate remedy, allowing property owners to seek just compensation under constitutional rights, but this exception does not apply in the current case. The right of ingress and egress for abutting property owners is recognized as an easement, and interference with this easement, such as closing a street, constitutes a taking for which compensation must be provided. The State Highway Commission has the authority to condemn or restrict access to highways for public works, provided just compensation is paid. Property owners must follow prescribed legal remedies for compensation. The plaintiffs argue they had a contractual right rather than a property right that could be condemned. However, precedent indicates that contractual rights are secondary to tangible property rights and do not prevent condemnation. The court reinforces that the focus of condemnation is on the property itself, not incidental contractual rights, which may be affected by such actions. Plaintiffs' right of access, arising from an agreement and deed, qualifies as a property right, similar to the defendant's right-of-way established through agreement. Under G.S. 136-19, the defendant can acquire rights-of-way by purchase. The right-of-way agreement grants the State Highway and Public Works Commission a right-of-way over designated land, while providing abutting owners $2,500, a constructed highway, and access at a specific point. The access right constitutes an easement, which is a property right subject to condemnation. The defendant's denial of access at the easement point amounts to a taking or appropriation of private property. An adequate statutory remedy exists for this taking through a special proceeding. The plaintiffs' complaint successfully initiated a civil action, leading to the proper sustenance of the demurrer, which was affirmed.