Department of Transportation v. Scott

Benham, Chief Justice.

Scott, owner of a 96-acre tract of land in Spalding County, Georgia, leased a 60-acre tract to Ison Nursery and Vineyard. The Department of Transportation (DOT) acquired by condemnation 1.692 acres of land from the 60-acre tract leased to Ison, causing the destruction of 950 muscadine plants called “mother plants” which were the source of grapevines, sold in the form of cuttings. Some of the varieties of muscadines have been patented by Ison. The replacement cost of the plants was shown to be $14,623 and evidence at trial showed that the destruction of the plants taken…