Stanfield v. State Highway Department

1. In an appeal to the superior court from the award of the appraisers in a condemnation proceeding where there is no evidence that there will be any consequential benefits to that portion of the land not taken, it is error for the court to charge the jury on the question of consequential benefits. Garden Parks, Inc. v. Fulton County, 88 Ga. App. 97 (3) (76 S. E. 2d 31).

2. Assuming for the sake of argument that the testimony of the condemnor’s witness “as to why, in my opinion, the remaining tract of land will be just as valuable per square foot as the larger tract: When the highway comes by…