State Highway Department v. Respess

Nichols, Presiding Judge.

The first question for decision is whether the trial court erred in overruling the condemnor’s special demurrer and motion to purge a paragraph of the condemnee’s answer wherein he alleged that he was attaching as exhibits three appraisals of the property being condemned. Whether such pleadings were subject to demurrer need not be passed upon under a proper construction of the statutes dealing with eminent domain.

Under the Act of 1961 (Ga. L. 1961, p. 517 et seq.; Code Ann. Ch. 36-13), the issue as to value is not made by an answer filed by the condemnee to the…