Department of Transportation v. B & G Realty, Inc.

McMurray, Presiding Judge.

This appeal arises from condemnation proceedings initiated by the Department of Transportation (“DOT”), acting for and in behalf of the State of Georgia, against property owned by appellees. After the property was condemned, appellees filed a petition pursuant to OCGA § 32-3-11 seeking to set aside, vacate and annul the declaration of taking together with any title acquired thereby. A second count was added to the complaint by amendment alleging trespass on the part of DOT and demanding actual and punitive damages. A hearing was held in the superior court, which…