Legal Opinion
Department of Transportation v. Bacon Farms, L.P.
Court of Appeals of Georgia
Decided December 10, 2004No. A04A2254PublishedCited by 4 opinions
1Opinion of the Court
Phipps, Judge.
The Georgia Department of Transportation (DOT) appeals a jury award of $2,064,000 to Bacon Farms, L.P., in this land condemnation case. DOT contends, among other things, that the trial court erred by allowing Bacon Farms to present evidence of the value of kaolin deposits on the land by using a “price times unit” method. We agree and reverse.
The property in question is approximately 18 acres of a 483-acre tract of farmland in Wilkinson County owned by Bacon Farms. The land contains deposits of kaolin, a type of clay that can be mined and processed for use in making paper,…
2Cases cited9 opinions
- Logan v. Chatham CountyCourt of Appeals of Georgia · 1966
- Werner v. CommonwealthSupreme Court of Pennsylvania · 1968
- Southern Railway Co. v. MillerCourt of Appeals of Georgia · 1956
- Department of Transportation v. BrooksCourt of Appeals of Georgia · 1980
- State Ex Rel. Department of Highways v. Nevada Aggregates & Asphalt Co.Nevada Supreme Court · 1976
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3Cited by4 opinions
- Forest City Gun Club v. Chatham CountyCourt of Appeals of Georgia · 2006
- Evans v. Department of TransportationCourt of Appeals of Georgia · 2015
- Department of Transportation v. Ogburn Hardware & Supply, Inc.Court of Appeals of Georgia · 2005
- Frank O. Evans, Jr. v. Department of TransportationCourt of Appeals of Georgia · 2015