Department of Transportation v. Scott

Pope, Presiding Judge.

The Department of Transportation (“DOT”) appeals the jury’s condemnation award for a strip of land consisting of 1.692 acres lying south of Georgia Highway 16 in Spalding County. The land taken was part of a 96-acre tract owned by condemnee, C. Marion Scott, lying north and south of the highway. Condemnee Ison Nursery & Vineyards, Inc. is the lessee of the 60 acres lying south of the highway from which the strip was taken.

*232At the time of condemnation, Ison had growing on the strip of condemned property approximately 950 muscadine grape plants, referred to as “mother…