Department of Transp. v. Eastern Oil Co.
| Decision Date | 01 June 1979 |
| Docket Number | No. 56798,56798 |
| Citation | 149 Ga.App. 504,254 S.E.2d 730 |
| Parties | DEPARTMENT OF TRANSPORTATION v. EASTERN OIL COMPANY et al. |
| Court | Georgia Court of Appeals |
Frank J. Rhodes, Jr., George H. Carley, Decatur, for appellant.
Kidd, Pickens & Tate, Charles M. Kidd, Gwenn E. Dorb, Atlanta, for appellees.
The Department of Transportation, condemnor, appeals from a jury award of compensation in an eminent domain proceeding. The parcel involved was a small, odd-shaped lot used by the condemnee as a service station. The enumerations address the instructions given the jury for determining the losses caused by the partial taking of this parcel. We find no error, and affirm.
1. Where special factors, such as uniqueness of the property, prevent the market value of the property from being the fair measure of compensation due the owner, other measures of value may be taken into account. E. g., State Hwy. Dept. v. Augusta District of N. Ga. Conference, Methodist Church, 115 Ga.App. 162, 154 S.E.2d 29 (1967). The trial court did not err in so charging here, for the evidence supported a conclusion that the property was sufficiently unique so that its fair market value would not be an appropriate measure of its value to the owners. An appraiser testified that the property was unique in that it was an extremely shall site, not appropriate for many alternate uses. He noted that service stations are not frequently bought and sold on the open market. Since sales of similar property are fundamental to a market value analysis, the appraiser has hit upon the keystone of the uniqueness rule. Unique properties 4 Nichols, Eminent Domain, § 12.32(1), p. 12-534.
There was sufficient evidence to support a conclusion that this property was of such a special-use nature, and alternate methods of computing its value to the owners were property considered.
2. The charge on considering the cost of moving the gasoline pumps was correct. The jury had before it firm evidence of the cost of such an endeavor; hence, Johnson v. Mayor, etc., of Athens, 119 Ga.App. 437(2), 167 S.E.2d 664 (1969), is distinguishable.
Likewise, the charge going to the compensable value of improvements on the property is not erroneous for its failure to instruct the jury to depreciate those improvements. The record shows that the expert appraisal specifically took into account a depreciation factor to determine the...
To continue reading
Request your trial
-
Macon-Bibb County Water & Sewerage Authority v. Reynolds
...others who might acquire it." Id. at 12-303; City of Gainesville v. Chambers, 118 Ga.App. 25, 27, 162 S.E.2d 460. DOT v. Eastern Oil Co., 149 Ga.App. 504(1), 254 S.E.2d 730. When you have either type of property--"unique," or "peculiar," then the "non-fair market value method" is used for d......
-
Department of Transp. v. Arnold
...jury could have determined that reasonable mitigatory options existed in fact and not mere theory. See Dept. of Transp. v. Eastern Oil Co., 149 Ga.App. 504, 505(4), 254 S.E.2d 730 (1979). Further, the jury heard both the DOT's experts' testimony in this regard and argument; apparently, the ......
-
Carroll County Water v. L.J.S.
...93 (1965). 11. Id. at 518, 142 S.E.2d 93. 12. 118 Ga.App. 25, 162 S.E.2d 460 (1968). 13. Id. at 27(2), 162 S.E.2d 460. 14. 149 Ga.App. 504, 254 S.E.2d 730 (1979). 15. Id. at 505(1), 254 S.E.2d 16. Dept. of Transp. v. Coley, supra, 184 Ga.App. at 209(4), 360 S.E.2d 924 (citations and punctua......
-
Abm Realty v. Bd. of Regents of Univ. Sys.
...Ga. 314, 315, 265 S.E.2d 10 (1980). 3. 111 Ga.App. 515, 142 S.E.2d 93 (1965). 4. 118 Ga.App. 25, 162 S.E.2d 460 (1968). 5. 149 Ga.App. 504, 254 S.E.2d 730 (1979). 6. (Punctuation and footnotes omitted.) Carroll County Water Auth. v. L.J.S. Grease & Tallow, 274 Ga.App. 353, 355-356(3)(b), 61......
-
A Critical Review of Law of Business Loss Claims in Georgia Eminent Domain Jurisprudence - Charles M. Cork, Iii
...219 Ga. App. at 50, 463 S.E.2d at 917. 43. 168 Ga. App. at 544, 309 S.E.2d at 819-20 (quoting Department of Transp. v. Eastern Oil Co., 149 Ga. App. 504, 505, 254 S.E.2d 730, 732 (1979)). Archetypical examples are churches, college buildings, clubhouses, golf clubs, schools, and cemeteries.......
-
Zoning and Land Use Law - Dennis J. Webb Jr., Marcia Mccrory Ernst, Davene D. Walker, and Kelley B. Gray
...v. Chambers, 118 Ga. App. 25, 27, 162 S.E.2d 460, 463 (1968)). 111. Id., 675 S.E.2d at 551-52 (citing Dep't of Transp. v. E. Oil Co., 149 Ga. App. 504, 505, 254 S.E.2d 730, 732 (1979)). 112. Id., 675 S.E.2d at 552. 113. Id. 114. Id. at 661, 675 S.E.2d at 552. 115. Id. 116. 161 Ga. App. 363,......