DEPT. OF TRANSP. v. 2.953 ACRES OF LAND

No. A95A1008.

463 S.E.2d 912 (1995)

219 Ga. App. 45

DEPARTMENT OF TRANSPORTATION v. 2.953 ACRES OF LAND et al.

Court of Appeals of Georgia.

Reconsideration Denied November 8, 1995.

Certiorari Denied February 9, 1996.


Attorney(s) appearing for the Case

Michael J. Bowers, Attorney General, Atlanta, Newton, Smith, Durden, Kaufold & Rice, Wilson R. Smith, Vidalia, for appellant.

Roach & Bradley, Hal Roach, Jr., Statesboro, for appellees.


ANDREWS, Judge.

The Department of Transportation ("DOT") appeals from a jury award to condemnees for compensation in a taking of 2.953 acres from a 32.2-acre plot. The DOT contends that the trial court erred by allowing evidence regarding consequential damages and cost of cure and by charging the jury on this evidence.

The 32.2-acre tract of land in question is being used by a wholesale grocery distributorship facility and consists of 20.475 acres south of...

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