State Highway Department v. Hilliard

Deen, Judge.

1. In this condemnation case the court instructed the jury as follows: “I charge you, gentlemen, that the word ‘value’ as used in the law relating to eminent domain or condemnation in Georgia is a relative term, depending upon the circumstances, and in determining such value, the measure of damages is not necessarily the market value, but may be the fair and reasonable value of the property taken, if you find that the market value would not coincide with the actual value of the property taken. Now, in determining just and adequate compensation under the constitutional provision,…