AGS Embarcadero Associates v. Department of Transportation

Deen, Presiding Judge.

Appellant AGS Embarcadero Associates (AGS) owned an apartment complex consisting of 42 buildings containing 404 units and located at the intersection of 1-85 and 1-285 in the vicinity of Hartsfield Airport. In 1981 appellee Department of Transportation (DOT) filed a declaration of taking involving slightly more than 1/10 of an acre of the AGS property for use as an exit ramp. DOT ultimately paid into *575the registry of the Fulton County Superior Court an amount in excess of $28,000, representing the fair market value of the land taken. AGS contended, inter alia, that…