Legal Opinion

Department of Transportation v. 19.646 Acres of Land

Court of Appeals of Georgia

Decided March 17, 1986No. 71088PublishedCited by 14 opinions

1Opinion of the Court

Beasley, Judge.

The Department of Transportation appeals from a judgment entered in a condemnation proceeding under OCGA Ch. 32-3.

1. DOT contends the trial court erred in charging the principle of law regarding uniqueness and peculiar value.

This court recently approved a liberalized and more expansive interpretation of the terms unique property and peculiar value. Dept. of Transp. v. 2.734 Acres of Land, 168 Ga. App. 541, 543 (3) (309 SE2d 816) (1983). In addition, the issue whether or not property is unique is a jury question. Dept. of Transp. v. Dixie Hwy. Bottle Shop, 245 Ga. 314, 315 (265…

2Cases cited5 opinions

  1. Department of Transportation v. Dixie Highway Bottle Shop, Inc.Supreme Court of Georgia · 1980
  2. Department of Transportation v. 2.734 Acres of LandCourt of Appeals of Georgia · 1983
  3. Georgia Power Co. v. BishopCourt of Appeals of Georgia · 1982
  4. Smith v. LottSupreme Court of Georgia · 1980
  5. Garner v. MearsCourt of Appeals of Georgia · 1958

3Cited by14 opinions

  1. Bellamy v. EdwardsCourt of Appeals of Georgia · 1987
  2. Simpson v. ReedCourt of Appeals of Georgia · 1988
  3. Herr v. WithersCourt of Appeals of Georgia · 1999
  4. DeKalb County v. GlazeCourt of Appeals of Georgia · 1988
  5. Department of Transportation v. Davison Investment Co.Supreme Court of Georgia · 1997

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