Aiken v. Department of Transp., 67938
Decision Date | 06 June 1984 |
Docket Number | No. 67938,67938 |
Citation | 171 Ga.App. 154,319 S.E.2d 58 |
Parties | AIKEN v. DEPARTMENT OF TRANSPORTATION. |
Court | Georgia Court of Appeals |
John G. Parker, Atlanta, for appellant.
J. Matthew Dwyer, Jr., Marion O. Gordon, First Asst. Atty. Gen., for appellee.
The Department of Transportation (DOT), pursuant to OCGA § 32-3-1 et seq., condemned 7.829 acres of land in Fulton County owned by Annie Myrtle Aiken as right-of-way for a limited access highway. Aiken appeals from the jury verdict awarding her $125,000 for the property.
Appellant contends the trial court erred when it refused to admit into evidence an affidavit filed by the DOT pursuant to OCGA § 32-3-6(b)(5) which set forth the sum of money estimated by DOT to be just compensation for the land taken. DOT's petition stated that "[DOT] stands ready to pay just and adequate compensation for said right-of-way, easements, and access rights, if any, as described in the Declaration of Taking attached ... and has deposited in the Court, ... the estimated just compensation ascertained in accordance with Georgia Laws 1973, pp. 1009-1023, as amended." (Emphasis supplied.) The affidavit attached by DOT, made by land appraiser Terry Miller, stated that "[a]fter said investigation and research, affiant has thus estimated that the just and adequate compensation for said parcel, and any consequential damages or benefits considered, is in the amount of $137,560.00." (Emphasis supplied.) At trial, Miller did not testify and the expert witness called by DOT appraised the subject property at $119,860.
(1) Appellant argues that the Miller affidavit constituted a solemn admission in judicio and therefore that the DOT was bound by the $137,560 amount stated in the affidavit. This issue was decided against appellant in Morrison v. Dept. of Transp., 166 Ga.App. 144, 303 S.E.2d 501 (1983), in which we held: Morrison, supra, 166 Ga.App. at 145, 303 S.E.2d 501. (Emphasis supplied.) We are not persuaded by appellant's arguments to overrule Morrison.
(2) Appellant argues that even if DOT was not bound by the estimate in Miller's affidavit, it was error for the trial court to refuse to admit the affidavit as evidence. We call attention to...
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