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DEPARTMENT OF TRANSP. v. SCOTT

No. S97G0712.

492 S.E.2d 216 (1997)

268 Ga. 579

DEPARTMENT OF TRANSPORTATION v. SCOTT et al.

Supreme Court of Georgia.

November 3, 1997.

Attorney(s) appearing for the Case

C. Bradford Sears, Jr., Sanders, Haugen & Sears, Newnan, Anne Woolf Sapp, Dwyer, White & Sapp, Atlanta, for Department of Transportation.

James Garland Peek, Peek & Whaley, Atlanta, for C. Marion Scott.

Charles Madden Cork, III, Reynolds & McArthur, Macon, Amicus Appellee.

BENHAM, Chief Justice.

Scott, owner of a 96-acre tract of land in Spalding County, Georgia, leased a 60-acre tract to Ison Nursery and Vineyard. The Department of Transportation (DOT) acquired by condemnation 1.692 acres of land from the 60-acre tract leased to Ison, causing the destruction of 950 muscadine plants called "mother plants" which were the source of grapevines, sold in the form of cuttings. Some of the varieties of muscadines have been patented by Ison...

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