Town of Nags Head v. Richardson
Supreme Court of North Carolina
Town of Nags Head v. Richardson, 828 S.E.2d 154 (N.C. 2019)
Per Curiam
Town of Nags Head v. Richardson
Opinion
For the reasons stated in the majority opinion, this Court affirms the decision of the Court of Appeals. Further, to clarify the remand order, the sole issue on remand is the fair market value of the easement or, as presented to the jury, "What was the fair market value of the 10-year beach nourishment easement on the Richardsons' property taken by the Town of Nags Head at the time of taking?". See N.C.G.S. § 40A-64(b)(ii) (2017) ("If there is a taking of less than the entire tract, the measure of compensation is ... the fair market value of the property taken.").
AFFIRMED.
Justice DAVIS did not participate in the consideration or decision of this case.
Reference
- Full Case Name
- TOWN OF NAGS HEAD v. William W. RICHARDSON and Wife, Martha W. Richardson
- Status
- Published
- Syllabus
- Dispute between a municipality and property owners over the Town's taking of a temporary easement in privately owned oceanfront property for a beach nourishment project amount of compensation due the property owners expert testimony on value of the interest taken whether sufficient evidence supported the jury's determination of the amount to be awarded the property owners.