(Download) "Midgett v. North Carolina State Highway Commission" by Supreme Court of New York # Book PDF Kindle ePub Free

February 15, 2021

eBook details

Title: Midgett v. North Carolina State Highway Commission
Author : Supreme Court of New York
Release Date : January 09, 1963
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 74 KB

Description

The grounds for demurrer asserted by defendant are in substance: (1) The facts alleged do not constitute a taking of private property for public use in the constitutional sense and do not amount to a legally cognizable injury to property, but present an occurrence of incidental or consequential damage from flood waters against which, under the "common-enemy doctrine," a land owner may protect himself by constructing walls, dams, barriers or other structures without exposing himself to liability for resulting injury to a neighboring landowner; and (2) if there was a taking, an action in superior court may not be maintained therefor, the proper procedure being a proceeding pursuant to G.S. 136-19 and G.S., Ch. 40, art. 2.