DeKalb County v. Noble

Pannell, Judge.

In its petition seeking to condemn certain lands for highway improvements, a condemnor alleged that the condemnee owner had executed an option agreeing to sell the property sought to be condemned for a stated sum, but that since the owner and the holder of a security deed could not agree on the distribution of the purchase price, the condemnor decided to condemn. Upon motion, this allegation was stricken from the pleadings and the condemnor appealed. Held:

The trial judge did not err. It is not permissible in a condemnation case to prove what the condemnor paid others for…