Department of Transportation v. B & G Realty, Inc.

Cooper, Judge.

This is an appeal by the Department of Transportation (“DOT”) from the order of the trial court granting appellees’ motion to set aside, vacate and annul a declaration of taking. In October 1988, the DOT filed a condemnation action pursuant to OCGA § 32-3-1 et seq. to acquire access rights in connection with the improvement of the Columbus-Manchester Expressway in Columbus, Georgia. The ownership of these access rights has been in controversy since at least 1979, in which year the DOT, apparently confident that it had purchased the rights from the owner and confident that it had…