This note will examine the North Carolina Supreme Court's decision in City of Charlotte v. Cook. Part II of the note sets out the factual background and issues raised by the Cook decision and details the reasoning of both the North Carolina Court of Appeals and the North Carolina Supreme Court in ruling on the issues. Part III analyzes the Supreme Court's holding and concludes that greater judicial scrutiny of eminent domain practices is essential to protect the private property owner from abusive takings.
Kimberly A. Baxley, Excess Condemnation - Must the Interest Condemned in Private Property be Proportional to the Public Use? - The Effect of City of Charlotte v. Cook, 23 Campbell L. Rev. 33 (2000).