Texaco, Inc. v. Department of Transportation

Shulman, Chief Judge.

Acting pursuant to Code Ann. Ch. 95A-6 (OCGA Ch. 32-3), the Department of Transportation (“DOT”) filed a declaration of taking which sought to condemn two parcels of appellant/condemnee’s property. Alleging fraud, bad faith, improper use, abuse and misuse of DOT’s condemnation powers, the condemnee filed a petition to vacate, set aside and annul the taking. See Code Ann. § 95A-607 (OCGA § 32-3-11). After presiding over a hearing on the merits of appellant’s petition, the trial court found that there had been no fraud or bad faith on the part of DOT and no improper use,…