Title: S.L. 1965-942
Category: Introduced Bill
Keywords: Bill ?

NORTH CAROLINA GENERAL ASSEMBLY
1965 SESSION

CHAPTER 942
SENATE BILL 342

AN ACT TO COMPENSATE J. H. WRAPE OF RANDOLPH COUNTY FOR DAMAGES SUSTAINED AS A RESULT OF SOIL EROSION DURING THE CONSTRUCTION OF NORTH CAROLINA STATE HIGHWAY PROJECT NOS. 8.15803 AND 8.15804.

WHEREAS, the North Carolina State Highway Commission in August, 1959, completed new construction work on North Carolina Highway No. 49, West of Asheboro and in the vicinity of the lands and pond of J. H. Wrape; and
WHEREAS, in the construction of said new highway, considerable grading, filling, and cutting was required; and
WHEREAS, J. H. Wrape has maintained a four acre pond on his property since 1938, said pond being located 300 to 400 yards from the new highway construction; and
WHEREAS, the heavy grading operations in connection with the highway construction discharged tremendous quantities of dirt, silt and mud into the stream which feeds the Wrape pond; and
WHEREAS, the pond's usefulness for swimming, boating, baptisms, etc, has been destroyed by the deposit of "muck" from the said highway construction; and
WHEREAS, the North Carolina State Highway Commission has ruled that the deposit of the dirt, silt and mud in the Wrape pond did not constitute a "taking" within the meaning of the Eminent Domain Statute; and
WHEREAS, J. H. Wrape filed a claim with the North Carolina Industrial Commission under the Torts Claim Act for damages to his pond; and
WHEREAS, the North Carolina Industrial Commission concluded that the plaintiff has been damaged in the amount of twelve thousand dollars ($12,000.00) and made the maximum award of ten thousand dollars ($10,000.00); and
WHEREAS, upon appeal to the Superior Court of Randolph County, the award was confirmed; and
WHEREAS, upon appeal to the Supreme Court of North Carolina, the judgment of the Superior Court was reversed; and
WHEREAS, J. H. Wrape has no further recourse in the Courts to recover for damages sustained; and
WHEREAS, the Supreme Court of North Carolina in the case of J. H. Wrape, plaintiff, vs. North Carolina State Highway Commission, defendant, 263 N.C. 499, has inferred that some other branch of the State Government should see that J. H. Wrape is compensated for his damages; and
WHEREAS, the amount of damages sustained is not controverted, that being in the amount of twelve thousand dollars ($12,000.00): Now, therefore,

The General Assembly of North Carolina do enact:

Section 1.  For the purpose of instituting an action for the recovery of the sum alleged in the above preamble, the State of North Carolina does hereby waive any and all Statute of Limitations, and J. H. Wrape shall have six months from the date this Act is ratified to institute an action in eminent domain against the North Carolina State Highway Commission. If the action is not instituted within said six months, it shall be forever barred.
Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 3.  This Act shall be in full force and effect from and after its ratification.
In the General Assembly read three times and ratified, this the 11th day of June, 1965.