Legal Opinion
West v. Department of Transportation
Court of Appeals of Georgia
Decided November 12, 1985No. 71210PublishedCited by 11 opinions
1Opinion of the Court
Birdsong, Presiding Judge.
The jury in this condemnation case returned a verdict for $20,000, as just and adequate compensation for the property taken. The condemnee on appeal contends the trial court should have dismissed or annulled the Department of Transportation’s (“DOT”) declaration of taking because the property was not needed for public purposes and DOT did not produce any orders or documents justifying the condemnation; and further that the trial court erred in placing the burden of proof upon the condemnee in its charge. Held:
1. OCGA § 32-3-5 (a) (1) requires the condemnor in its…
2Cases cited17 opinions
- White v. Georgia Power Co.Supreme Court of Georgia · 1976
- Vickers v. MotteCourt of Appeals of Georgia · 1964
- City of Atlanta v. Heirs of ChampionSupreme Court of Georgia · 1979
- City of Atlanta v. First National Bank of AtlantaSupreme Court of Georgia · 1980
- Department of Transportation v. McLaughlinCourt of Appeals of Georgia · 1982
12 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Solko v. State Roads Commission of State Highway AdministrationCourt of Special Appeals of Maryland · 1990
- Dawson v. Department of TransportationCourt of Appeals of Georgia · 1992
- Pendarvis Construction Corp. v. Cobb County-Marietta Water AuthorityCourt of Appeals of Georgia · 1999
- Chamlee v. Department of TransportationCourt of Appeals of Georgia · 1988
- Albahary v. City of BristolConnecticut Appellate Court · 2004
6 more not listed; retrieve them via the Exa API.