Department of Transportation v. Bennett

Carley, Chief Judge.

Pursuant to OCGA § 32-3-1 et seq., appellant-condemnor Department of Transportation (DOT) initiated condemnation proceedings against property belonging to appellee-condemnees. The issue of just and adequate compensation was tried before a jury. A verdict was returned in excess of the amount of estimated just and adequate compensation that DOT had paid into court and the trial court entered judgment in favor of condemness for that excess. DOT’s motion for new trial was denied and it appeals from the denial of that motion.

1. Condemnees’ expert appraiser testified that he had…