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STATE HIGHWAY DEPT. v. LUMPKIN

23730.

222 Ga. 727 (1966)

152 S.E.2d 557

STATE HIGHWAY DEPARTMENT v. LUMPKIN.

Supreme Court of Georgia.

Decided November 10, 1966.

Rehearing Denied November 23, 1966.

Attorney(s) appearing for the Case

Edwin Fortson, J. Patrick Ward, Arthur K. Bolton, Attorney General, Richard L. Chambers, Assistant Attorney General, Horace E. Campbell, Jr., Deputy Assistant Attorney General, for appellant.

Erwin, Birchmore & Epting, Eugene Epting, for appellee.

Harold Sheats, Paul H. Anderson, for party at interest not party to record.

QUILLIAN, Justice.

This case arose upon the condemnation by the Highway Department of the right of way for the purpose of constructing a limited access highway through the lands of Mrs. Lumpkin. This divided her lands into two separate parcels situated on opposite sides of the proposed highway. The Highway Department in its declaration of taking of the condemnee's land declared: "The title, estate, or interest in the above described lands, required by condemnor and...

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