DeRossett v. Duke Energy Carolinas, LLC, 698 S.E.2d 455 (N.C.App. Sep 07, 2010) (NO. COA09-820)
In 1942, a public utility company settled a condemnation case it had brought against a property owner to acquire an easement for an electric transmission line. The current case centers on whether the consent judgment that settled the 1942 case gave the public utility not just a transmission line easement but also “rights of ingress and egress” across any part of the property owners’ lands.
This case
In this case, Plaintiffs were owners of part of the land owned by the 1942 property owners, and Duke Energy was the successor in interest to the 1942 public utility condemnor. Plaintiffs filed a quiet title action, claiming that the 1942 consent judgment did not give Duke Energy the right to cross Plaintiffs’ land to access the transmission line easement.
The trial court held that it did, and granted summary judgment on that point to Duke Energy. The North Carolina Court of Appeals affirmed the trial court’s decision.
Links to this case
- PDF slip opinion
- Westlaw link (direct link to opinion available to Westlaw subscribers)
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Christopher J. Simmons is an attorney licensed in North Carolina and Florida and practicing as an associate city attorney with the City of Raleigh, North Carolina.