Department of Transportation v. Elm Land Co.

TIMMONS-GOODSON, Judge.

The Department of Transportation (“DOT”) appeals from an order of the trial court declaring that DOT acquired a public right-of-way over property owned by Elm Land Company (“defendant”) without compensation. The trial court further ordered a jury determination of the amount of damages, if any, owed to defendant. For the reasons stated herein, we affirm the order of the trial court.

The evidence presented at trial tended to show that DOT commenced this action on 20 November 2000 by filing a Complaint and Declaration of Taking to condemn and take a temporary construction…