Hoard v. Wiley

Judge Hall and I are in full agreement with what is held in the majority opinion. However, we do feel that our view as to why Fulton County v. Bailey, 107 Ga. App. 512 (130 SE2d 800) (cert. denied) is not in conflict and does not require overruling should be stated.

In that condemnation case the condemnor, whose burden it was to prove what the condemnee should recover for his land taken, introduced one expert witness who testified that the value was $11,500, and rested. At that point the condemnee was placed in the position of electing to accept the value as thus proven or contest it and show…