German v. Department of Transportation

Quillian, Chief Judge.

This is an appeal from a condemnation award for land taken by the Department of Transportation to widen highway U. S. 82 in Worth County. The sole enumeration is that the trial court erroneously charged the jury that consequential damages to the property not taken could be reduced by the amount of consequential benefits to the property, when there was no evidence of any consequential benefits. Held:

Appellants rely on Theo v. Dept. of Transportation, 160 Ga. App. 518 (4) (287 SE2d 333) and Andrus v. State Hwy. Dept., 93 Ga. App. 827 (3) (93 SE2d 174). However, those cases…