Department of Transportation v. Kanavage

McMurray, Presiding Judge.

The Department of Transportation (DOT) filed a proceeding in rem, condemning property owned by Helen W. Kanavage (con-demnee). Condemnee timely filed a notice of appeal, demanding a trial by jury as to the value of the property taken. The jury awarded condemnee $26,500 and DOT appeals. Held:

In its sole enumeration of error DOT contends the trial court erred in denying its motion to strike the testimony of condemnee’s expert witness concerning the value of the condemned property as a convenience store.

In Dept. of Transp. v. Katz, 169 Ga. App. 310, 315 (5) (312 SE2d…