Dawn Memorial Park v. DeKalb County

Hall, Judge.

In this condemnation case, the condemnee assigns error on the judgment of the trial court overruling its motion for new trial which raised the issue of the admissibility of opinion evidence of the value of the condemned property. Held:

DeKalb County condemned a perpetual right of way for sewer purposes over land that was zoned and planned by its owner for use as a cemetery. The right of way was 40 feet wide and its total area 3.016 acres.

The condemnor presented two witnesses who stated their opinions of the value of the property. According to their testimony the area condemned was…