Department of Transportation v. Morris

I must dissent to that portion of the majority opinion which allows appellee Morris, who though properly served failed to timely file his notice of appeal, to join Morris’s, Inc. and C & L Gifts and Jewelry, Inc. in their appeal against DOT.

The payment of just and adequate compensation by the condemnor is a constitutional prerequisite to the taking of property through the power of eminent domain. The condemnee does have a right to file an appeal to a jury on the question of value but “only if it is filed not later than 30 days following the date of service as provided for in [OCGA § 32-3-8].”…