North Carolina State Highway Commission v. Mills Manufacturing Co.
North Carolina State Highway Commission v. Mills Manufacturing Co.
Opinion of the Court
Article 6D of G.S. Chap. 136, entitled “Controlled-Access Facilities,” contains the following:
G.S. 136-89.49: “Definitions. — When used in this. Article :
“(2) ‘Controlled-access facility’ means a State highway, or section of State highway, especially designed for through traffic, and over, from or to which highivay owners or occupants of abutting property, or others, shall'have only a controlled right or easement of access.” '
G.S. 136-89.50: “Authority to establish controlled-access facilities. — The Board of Transportation may designate, establish, abandon, improve, construct, maintain- and regulate controlled-access facilities as a part of the State highway system, National System of Interstate Highways,- and Federal Aid Primary System whenever the Board of Transportation determines that traffic conditions, présent or future, justify such controlled-access facilities, or the abandonment thereof.”
Defendant contends that plaintiff has statutory power to establish a controlled-access facility only over a section of highway which is either a part of the State highway system, .a part of the National System of Interstate Highways, or a part of the Federal Aid Primary System, and that the road here involved does not fall into any of these classifications but is part of the secondary road system. In support of this contention, defendant points to testimony in the record that the new road across its property has been designated State Road 2838 and that
Defendant next contends that if it be found that plaintiff had statutory authority to designate the new road as a controlled-access facility, its action in so doing in this case was arbitrary, capricious and whimsical. In support of this contention defendant points to the fact that a similar connector between Interstate 40 and Highway 70, known as Patton Cove Road, which is located some two miles east of defendant’s property, was not designated by plaintiff as a controlled-access facility, and defendant contends that there is no reasonable basis to justify plaintiff’s making one road and not the other a controlled-access facility. There is, however, an important difference between the two connector roads. In the case of the road across defendant’s land, the distance between Interstate 40 and Highway 70 is
We also find no merit in defendant’s further contention that plaintiff’s action in creating a controlled-access facility over defendant’s land, while failing to create such facilities along Patton Cove Road and along other connecting links between Highway 70 and Interstate 40, resulted in a denial of defendant’s constitutional right to the equal protection of the laws. As noted above, the difference in length of the connector link over defendant’s property, as compared with the Patton Cove Road connector, furnished a rational basis for plaintiff’s determination that traffic hazards over the two connectors would not be the same. Furthermore, we do not understand that the equal protection clause of the Fourteenth Amendment operates to prohibit the Board of Transportation from establishing a controlled-access facility over one tract of land unless it also creates such facilities over every other tract which might be somewhat similarly situated. Of course, when, as here, such a facility is created, that fact must be taken into account in arriving at just compensation. G.S. 136-89.52.
Finally, defendant’s assignments of error directed to the court’s refusal to adopt defendant’s tendered findings of fact are overruled. The findings which the court did make were supported by the evidence and these in turn supported the conclusions of law made and the order entered.
The order appealed from is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.