20 N.C. App. 20 | N.C. Ct. App. | 1973
Defendants argue that they have been deprived of sight distance along Sweeten Creek Road, looking from the south
Defendants assign as error that the trial judge failed to instruct the jury in accordance with the second paragraph of G.S. 136-89.52 which reads as follows:
“Along new controlled-access highway locations, abutting property owners shall not be entitled to access to such new locations, and no abutters’ easement of access to such new locations shall attach to said property. Where part of a tract of land is taken or acquired for the construction of a controlled-access facility on a new location, the nature of the facility constructed on the part taken, including the fact that there shall be no direct access thereto, shall be considered in determining the fair market value of the remaining property immediately after the taking.”
Defendants’ situation is that their remaining property does not abut the controlled-access highway (Interstate 40). Crayton Road, to which there is access from defendants’ remaining property, lies between Interstate 40 and defendants’ remaining property. It is true that Interstate 40 is constructed upon property acquired from defendants, but the access to Interstate 40
Defendants assign as error that the trial judge failed to instruct the jury in accordance with the second sentence of G.S. 136-89.53, which reads as follows: “When an existing street or highway shall be designated as and included within a controlled-access facility the owners of land abutting such existing street or highway shall be entitled to compensation for the taking or injury to their easements of access.” This provision has no application to the present proceeding. The existing highway, Crayton Road, was relocated outside of the controlled-access area. The quoted sentence applies where an existing street or highway is designated a controlled-access facility thereby depriving a landowner of access from his property which he once had. In the present case, as pointed out, defendants have access from their property to each highway or roadway to which they had access prior to this proceeding. We hold that the trial judge was correct in not instructing the jury in accordance with the above quoted sentence. This assignment of error is overruled.
Defendants assign as error that the trial judge failed to instruct the jury specifically that it should consider loss of view and sight distance looking towards defendants’ property from the south and looking from defendants’ property towards the south. It is noted that His Honor instructed the jury that the “compensation must be full and complete and include everything which affects the value of the property taken and in relation
Defendants assign as error other portions of the charge to the jury. Reading the charge as a whole, as we must do, we hold that the trial judge fairly instructed the jury upon the principles of law applicable to the case. The jury was permitted to consider all of defendants’ relevant evidence and it has made its determination of just compensation.
No error.