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Real Property – Constitutional – Eminent Domain – Inverse Condemnation Claim – Evidence – Affidavits – Hearsay (access required)

North Carolina Department of Transportation v. Cromartie Even though defendants substantially complied with the procedures necessary to raise their inverse condemnation counterclaim in this condemnation action, the trial court based its finding of inverse condemnation on hearsay which does not fall within an exception to the rule against hearsay. We affirm the trial court’s denial of plaintiff’s motion to dismiss defendants’ counterclaim. However, we reverse the trial court’s order determining that an inverse condemnation has occurred. We remand for further proceedings.

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