Hillman v. Department of Transportation

Clarke, Presiding Justice.

This is a condemnation case in which we granted the condemnee’s application to appeal an interlocutory order denying his motion in limine. The issue is whether the condemnee can present evidence to show that the condemnation of a temporary construction easement caused consequential damages. The trial court followed the cases of the appellate courts in Georgia and held that the condemnee could not show diminution in the market or rental value of the remainder property on the date of taking.

The condemnee, Mr. Hillman, contends that the rule disallowing consequential…