Potts v. State Highway Department

Deen, Judge.

The sole question in this condemnation case, it having been stipulated that consequential damages to the land not taken were exceeded by consequential benefits, is whether the just and adequate compensation awarded the owner by the condemning authority taking land for a non-access or limited access highway includes compensation for the taking of the owner’s easement of access to the highway being constructed. Appellants rely on State Hwy. Dept. v. Lumpkin, 222 Ga. 727 (152 SE2d 557) and on Streyer v. Ga. S. & F. R. Co., 90 Ga. 56, 60 (15 SE 637), where it is said: “This easement…