Cox Communications, Inc. v. Department of Transportation

Benham, Judge.

Appellant brought this action under OCGA § 32-3-11 (a) to set aside a declaration of taking filed by appellee. The property taken is intended to be part of the Presidential Parkway and runs beneath guy wires supporting a broadcast tower owned and operated by appellant. Appellant’s expressed concern is that traffic on the road will be endangered by ice falling from the tower. Because of the tower’s height, 1,076 feet above ground level, ice forms on the upper portions of the tower and on the guy wires during the winter, even when the temperature on the ground is above freezing.…