Fulton County v. Funk
Supreme Court of Georgia
1Opinion of the Court
Carley, Justice.
In a total taking, Fulton County and the Metropolitan Atlanta Rapid Transit Authority condemned property owned by Dr. Sidney Funk and leased to his professional corporation. The issue of just and adequate compensation for both condemnees was tried jointly before a jury and no evidence of uniqueness was presented. The valuation evidence of all parties dealt only with the fair market value of the property. The trial court charged the jury that the amount of just and adequate compensation should “equal the whole — the value of the whole property, just and adequate compensation…
2Cases cited11 opinions
- Bowers v. Fulton CountySupreme Court of Georgia · 1966
- Georgia Power Co. v. BrooksSupreme Court of Georgia · 1950
- Central Georgia Power Co. v. MaysSupreme Court of Georgia · 1911
- Housing Authority v. Southern Railway Co.Supreme Court of Georgia · 1980
- State Highway Department v. ThomasCourt of Appeals of Georgia · 1962
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3Cited by9 opinions
- State v. Ware, Texas Court of Appeals, 3rd District (Austin)2002
- Lil Champ Food Stores, Inc. v. Department of TransportationCourt of Appeals of Georgia · 1998
- CNL APF Partners, LP v. Department of TransportationCourt of Appeals of Georgia · 2010
- Chouinard v. City of East PointCourt of Appeals of Georgia · 1999
- Fulton County v. FunkSupreme Court of Georgia · 1995
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