Swiney v. State Highway Department

Deen, Judge.

1. The State Highway Department condemned 4.618 acres of land on the west side of Evans Road in DeKalb County for expressway purposes, leaving .7 acre of the land of the condemnee to the west of the road and a large tract to the east. One of the questions raised is whether the .7 acre left on the west side was in fact “taken” because it was not usable for residential property thereafter, its highest and best use and the one for which it was zoned at the time. The loss of value inherent in the remaining land is the difference between the greatest market value of land not taken…