Harwood v. City of Concord

161 S.E. 534, 201 N.C. 781, 1931 N.C. LEXIS 94

• Court: Supreme Court of North Carolina
• Decided: December 9, 1931
• Status: Published

Opinion

Per Curiam.

Where, as in the instant case, the statute authorizing the condemnation of land under the right of eminent domain provides for the assessment of damages by appraisers, and affords ample remedy for an appeal by the landowner from the report of the appraisers to the Superior Court, where the issue involving the amount of damages may be answered by a jury, the statutory remedy is exclusive, and the landowner cannot ordinarily maintain an action for the recovery of his damages, resulting only from the taking of his land for public purposes. This principle is well settled by decisions of this Court. Long v. Randleman, 199 N. C., 344, 154 S. E., 317; Latham v. Highway Commission, 191 N. C., 141, 131 S. E., 385; McKinney v. Highway Commission, 192 N. C., 670, 135 S. E., 772; Greenville v. Highway Commission, 196 N. C., 226, 145 S. E., 31; Lamb v. Elizabeth City, 132 N. C., 194, 43 S. E., 628. The instruction of the court to the jury at the trial of this-action was in accord with this principle.

Plaintiff having failed to appeal from the report of the appraisers in the condemnation proceeding begun and prosecuted under the order of the board of aldermen of the city of Concord, as he was authorized to do by the charter of said city, or, if he gave notice of his appeal, as-he contended, having failed to perfect his appeal as authorized by the statute, cannot recover in this action. The judgment is affirmed.

No error.