Legal Opinion

State Highway Department v. Weldon

Court of Appeals of Georgia

Decided December 5, 1962No. 39706PublishedCited by 25 opinions

1Opinion of the Court

Felton, Chief Judge.

1. There was no evidence to authorize the jury’s verdict. The witness for the condemnor testified that in his opinion the value of the land taken was $1,402.20 and that there was no consequential damage to the remaining property. The only witness who testified in behalf of the condemnee testified that the market value of the entire tract before the taking was $16,000 and that the value of the entire tract after the taking was $7,500. This is not the measure of damage in such a case under the law. The measure of damage is the value of the land taken and the consequential…

2Cases cited3 opinions

  1. Central Georgia Power Co. v. CornwellSupreme Court of Georgia · 1912
  2. Mitchell v. StateSupreme Court of Georgia · 1883
  3. Lane Drug Stores Inc. v. BrooksCourt of Appeals of Georgia · 1944

3Cited by25 opinions

  1. State Highway Department v. WhitehurstCourt of Appeals of Georgia · 1964
  2. Georgia Power Company v. SinclairCourt of Appeals of Georgia · 1970
  3. State Highway Department v. AllenCourt of Appeals of Georgia · 1963
  4. State Highway Department v. HarrisonCourt of Appeals of Georgia · 1967
  5. Department of Transportation v. BirdCourt of Appeals of Georgia · 1981

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