Department of Transportation v. Gunnels

This case involves a partial taking through the exercise of eminent domain by the Department of Transportation, and centers upon the court’s charge to the jury relative to damage. We granted certiorari upon the following inquiry: Whether the jury charge as to value of the portion taken results in double recovery or is otherwise error. Dept. of Transp. v. Gunnels, 175 Ga. App. 632 (334 SE2d 197) (1985).

The facts in the case are fairly simple. The Department by declaration took a strip of land from a parcel belonging to Gunnels, who appealed to a jury. The trial court charged the jury partially…