Legal Opinion · Concurring in the judgment

Schoolcraft v. DeKalb County

Court of Appeals of Georgia

Decided April 19, 1972No. 46972Published

1Concurring in the judgmentEberhardt, Judge

senting in part. I concur in the judgment, but dissent from *105Division 1. The request to charge is abstractly correct but should be given only if there is evidence showing a reasonable probability of a demand for other uses. "Under proper evidence, in determining just and adequate compensation for property taken by eminent domain, the jury may consider the value of the property for uses other than that for which it was being used at the time of the condemnation. State Hwy. Dept. v. Robinson, 103 Ga. App. 12, 16 (118 SE2d 289). But the fact that one’s land is merely adaptable to a different use…

2Cases cited4 opinions

  1. State Highway Department v. HowardCourt of Appeals of Georgia · 1969
  2. Georgia Power Company v. LivingstonCourt of Appeals of Georgia · 1961
  3. State Highway Department v. RobinsonCourt of Appeals of Georgia · 1961
  4. State Highway Department v. HodgesCourt of Appeals of Georgia · 1971

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