Legal Opinion

Department of Transportation v. 2.953 Acres of Land

Court of Appeals of Georgia

Decided October 26, 1995No. A95A1008PublishedCited by 8 opinions

1Opinion of the Court

Andrews, Judge.

The Department of Transportation (“DOT”) appeals from a jury award to condemnees for compensation in a taking of 2.953 acres from a 32.2-acre plot. The DOT contends that the trial court erred by allowing evidence regarding consequential damages and cost of cure and by charging the jury on this evidence.

The 32.2-acre tract of land in question is being used by a wholesale grocery distributorship facility and consists of 20.475 acres south of a power line right-of-way on which are located the distribution facility’s warehouses and offices, 3.668 acres within the right-of-way of…

2Cases cited11 opinions

  1. Mattox v. Metropolitan Atlanta Rapid Transit AuthorityCourt of Appeals of Georgia · 1991
  2. Department of Transportation v. Dixie Highway Bottle Shop, Inc.Supreme Court of Georgia · 1980
  3. Department of Transportation v. 2.734 Acres of LandCourt of Appeals of Georgia · 1983
  4. Toledo v. StateCourt of Appeals of Georgia · 1995
  5. Department of Transportation v. BentonCourt of Appeals of Georgia · 1994

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

3Cited by8 opinions

  1. Department of Transportation v. Dalton Paving & Construction, Inc.Court of Appeals of Georgia · 1997
  2. STATE BY COM'R v. WeiswasserSupreme Court of New Jersey · 1997
  3. Department of Transportation v. ArnoldCourt of Appeals of Georgia · 2000
  4. Department of Transportation v. Ogburn Hardware & Supply, Inc.Court of Appeals of Georgia · 2005
  5. PRIBEAGU Et Al. v. GWINNETT COUNTYCourt of Appeals of Georgia · 2016

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

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