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DEPT. OF TRANSPORTATION v. KENNEY

31663.

238 Ga. 173 (1977)

231 S.E.2d 767

DEPARTMENT OF TRANSPORTATION v. KENNEY et al.

Supreme Court of Georgia.

Decided January 6, 1977.

Attorney(s) appearing for the Case

Arthur K. Bolton, Attorney General, William C. Joy, Assistant Attorney General, Marion O. Gordon, Senior Assistant Attorney General, for appellant.

Dillard & Shearer, George P. Dillard, for appellees.

Huie, Ware, Sterne, Brown & Ide, W. Stell Huie, R. William Ide, III, Lawrence L. Thompson, Jay L. Levin, amicus curiae.

JORDAN, Justice.

The Department of Transportation brought a condemnation action in rem against described land, William F. Kenney, and others, under Code Ann. § 95A-603 et seq. (Ga. L. 1973, pp. 947, 1009), and deposited $19,700 in court as estimated just compensation for the property taken. The condemnees appealed to a jury, and the jury awarded them $40,538. Judgment was entered on July 1, 1976, in favor of the condemnees...

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