Department of Transportation v. Flint River Cotton Mills

Hill, Justice.

In this condemnation case the Department of Transportation (DOT) appeals from an award to the condemnee of $850 as attorney fees and reasonable and necessary expenses of litigation.

DOT sought to condemn one one-hundredth (.01) of an acre in order to widen a street in Albany, Georgia. The entire tract owned by the cotton mill contained 7.10 acres and was being used for two baseball parks by the city at no expense to it. The condemned portion was a strip along one side of the property.

DOT offered $200 to the condemnee for the strip and deposited that amount into the registry of…