Property Law

Introduction
Barney, a recently retired Deputy Sheriff in North Carolina, is plagued by a week of disastrous discoveries, in some ways likened to the tribulations of Job as recorded in the Biblical account. Not only is Barney’s ‘prime real estate in the North Carolina mountains’ being claimed by a former co-worker citing adverse possession rights, but he discovers that his beach-front home is being claimed by the city under eminent domain to make room for a Nickelodeon Family Resort. Furthermore, Barney’s truck is stolen by a former employee of a fine dining restaurant posing as a valet, only to be discovered at a classic car show a few weeks later. The current owner of the vehicle refuses to return it to Barney until he is reimbursed $5,600, the value of a car he traded to obtain the truck. As Barney’s attorney, and longtime friend, I have the responsibility of advising Barney of his legal position and subsequent rights, while also offering personal support as a Christian friend.
Untangling the Legal Complexities
I have chosen to structure my response and advice to Barney in a reverse chronological order, which is also a pattern of reverse complexity: least complex to most complex issue.
Stolen Property: 1963 Ford Galaxie
Barney should immediately call the police, in the jurisdiction he found the truck, and file a police reporting indicating he has the ability to prove the truck was stolen (by citing his original police report), and the truck he has found is indeed the stolen property by comparing the vehicle identification number (VIN). At this point, it will be up to the local law enforcement officer(s) to determine if the person in possession of the stolen property is guilty of the criminal offense: felonious possession o...

... middle of paper ...

...ice-guide/1963-Ford-Galaxie
Kelo v. New London, 545 U.S. 469 (2005).
Merrick v. Peterson, 548 S.E.2d 171, 143 N.C. App. 656 (Ct. App. 2001).
N.C.G.S. § 7A-210. Judicial Department. 2013.
N.C.G. S. (n.d.). § 14-72. Larceny of property; receiving stolen goods or possessing stolen goods.
N.C.G.S. § 15A-825 Treatment due victims and witnesses.
N.C.G.S. § 20-106. Receiving or transferring stolen vehicles. 1994.
N.C.G.S., § 40A-1. Eminent Domain. 2013
Potts v. Burnette, 273 S.E.2d 285, 301 N.C. 663 (1981).
Price v. Tomrich Corporation, 167 S.E.2d 766, 275 N.C. 385 (1969).
State v. Brooks, 166 S.E.2d 70, 275 N.C. 175 (1969).
State v. Tanner, 695 SE 2d 97 - NC: Supreme Court (2010).
State Highway Commission v. Thornton, 156 SE 2d 248 - NC: Supreme Court (1967).
West v. Slick, 326 S.E.2d 601, 313 N.C. 33 (1985).
Williams v. Robertson, 70 S.E.2d 692, 235 N.C. 478 (1952).