Legal Opinion

Department of Transportation v. Mendel

Court of Appeals of Georgia

Decided May 5, 1999No. A99A0436PublishedCited by 38 opinions

1Opinion of the Court

Johnson, Chief Judge.

This suit arises from a condemnation action in which the Department of Transportation took square footage from and acquired a permanent slope easement on commercial property in order to widen and raise the elevation of State Road 120. After the road project was completed, the property was left approximately eight to ten feet lower from road grade than it was before the taking. In some locations, the property was left 16 feet below road grade.

In 1994, the DOT filed an action in rem to acquire fee simple title to a portion of the subject property for the right-of-way and to…

2Cases cited20 opinions

  1. Hicks v. StateSupreme Court of Georgia · 1987
  2. Hollywood Baptist Church of Rome v. State Highway DepartmentCourt of Appeals of Georgia · 1966
  3. Gully v. GloverCourt of Appeals of Georgia · 1989
  4. Nodvin v. WestCourt of Appeals of Georgia · 1990
  5. Department of Transportation v. GunnelsSupreme Court of Georgia · 1986

15 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Steed v. Federal National Mortgage Corp.Court of Appeals of Georgia · 2009
  2. Rental Equipment Group, LLC v. MACI, LLCCourt of Appeals of Georgia · 2003
  3. Time Warner Entertainment Co. v. Six Flags Over Georgia, LLCCourt of Appeals of Georgia · 2000
  4. American Multi-Cinema, Inc. v. WalkerCourt of Appeals of Georgia · 2004
  5. Sims v. HeathCourt of Appeals of Georgia · 2002

33 more not listed; retrieve them via the Exa API.

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