On 4 November 1996, plaintiff filed a Declaration of Taking, seeking to condemn a portion of defendants' property for highway construction. The Northern Tract was to remain unaffected. The matter then proceeded to trial before a jury for a determination of that issue. At trial, plaintiff submitted the testimony of two expert real estate appraisers. Defendants submitted two valuations.
Defendants now appeal.
Defendants first argue that the jury verdict must be voidedbecause the trial court did not have subject matter jurisdiction in this action. Specifically, they contend that plaintiff's Declaration of Taking was inherently flawed in its description of the property to be affected by the taking such that the trial court never acquired jurisdiction over the property plaintiff was seeking to condemn. To fully understand defendants' argument, we must first outline the relevant pleading requirements for any Declaration of Taking filed by the Department of Transportation. A statement of the estate or interest in said land taken for public use and a description of the area taken sufficient for the identification thereof. N.C. Gen. Stat.