Legal Opinion

State Highway Department v. Kaylor

Court of Appeals of Georgia

Decided May 6, 1964No. 40679PublishedCited by 3 opinions

1Opinion of the Court

Nichols, Presiding Judge.

In McArthur v. State Hwy. Dept., 85 Ga. App. 500 (69 SE2d 781), it was held: “There are only two elements of damages to be considered in a condemnation proceeding: first, the market value of the property actually taken; second, the consequential damage that will naturally and proximately arise to the remainder of the owner’s property from the taking of the part which is taken and the devoting of it to the purposes for which it is condemned, including its proper maintenance and operation, and the measure of these consequential damages is the diminution in the market…

2Cases cited6 opinions

  1. Central Georgia Power Co. v. MaysSupreme Court of Georgia · 1911
  2. Atlanta Terra Cotta Co. v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1909
  3. McArthur v. State Highway DepartmentCourt of Appeals of Georgia · 1952
  4. Whipple v. County of HoustonSupreme Court of Georgia · 1958
  5. Gilbert v. Savannah, Griffin & North Alabama RailroadSupreme Court of Georgia · 1882

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Woodside v. Fulton CountySupreme Court of Georgia · 1967
  2. Georgia Power Co. v. BrayCourt of Appeals of Georgia · 1974
  3. Clay v. Department of TransportationCourt of Appeals of Georgia · 1990

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