Legal Opinion · Concurrence

McDaniel v. Department of Transportation

Court of Appeals of Georgia

Decided July 15, 1991No. A91A0239Published

1ConcurrenceAndrews, Judge

I agree with Division 1 and, therefore, concur in the judgment. I disagree, however, with the majority’s conclusion in Division 2 that the jury’s award with respect to the multiple properties condemned must necessarily set forth separate sums for each property, rather than a lump-sum.

Multiple separate properties with some element of common ownership, as found in the present case, may be joined in a single condemnation action. Cook v. State Hwy. Bd., 162 Ga. 84, 101-102 (132 SE 902) (1926); State Hwy. Dept. v. H. G. Hastings Co., 187 Ga. 204, 208 (199 SE 793) (1938), overruled on other…

2Cases cited12 opinions

  1. Department of Transportation v. McLaughlinCourt of Appeals of Georgia · 1982
  2. Department of Transportation v. Delta MacHine Products Co.Court of Appeals of Georgia · 1981
  3. State Highway Department v. ThomasCourt of Appeals of Georgia · 1967
  4. Marist Society of Georgia v. City of AtlantaSupreme Court of Georgia · 1955
  5. Department of Transportation v. OlshanSupreme Court of Georgia · 1976

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