Fountain v. Metropolitan Atlanta Rapid Transit Authority

I believe it important to point out that it is because of the facts in this case that liability was established and a directed verdict thereon was demanded. The undisputed facts showed that Fountain’s property right, his easement of access, had been substantially interfered with and the convenience of access negatively affected to a degree which constituted a compensable taking as a matter of law. This is the test of determining whether there has been a taking, set out in State Hwy. Bd. v. Baxter, 167 Ga. 124 (144 SE 796) (1928) and applied in Johnson v. Burke County, 101 Ga. App. 747, 749…