Department of Transportation v. Gunnels

I am constrained to agree with the majority’s ultimate conclusion in Division 1 that, under the circumstances, it is beyond this court’s power to hold that the giving of the contested charge was reversible error. However, I do not believe that the majority goes far enough in emphasizing why the inartful language appearing in State Hwy. Bd. v. Bridges, 60 Ga. App. 240, 241 (2) (3 SE2d 907) (1939) is not proper as a jury instruction as to the determination of the market value of the property actually taken as an element of compensation in a partial taking condemnation action. It is my opinion…