Curry v. Department of Transportation

DILLARD, Presiding Judge.

In 2007, the Georgia Department of Transportation (“DOT”) filed a petition in the Superior Court of Laurens County, under OCGA § 32-3-4, to condemn access rights to property owned by Christy Curry for the construction of a limited-access highway. Following trial, a jury awarded Curry $86,000 as “just compensation,”1 and the trial *483court entered a judgment accordingly. Curry now appeals that award as inadequate and seeks a new trial, arguing that the trial court erred by instructing the jury on a means of determining consequential damages that was inaccurate as a matter…