Department of Transp. v. Gibson

• Decision Date: 25 May 1983
• Docket Number: No. 39276,39276
• Citation: 251 Ga. 66,303 S.E.2d 19
• Parties: DEPARTMENT OF TRANSPORTATION v. James E. GIBSON.
• Court: Georgia Supreme Court

Page 19

303 S.E.2d 19

251 Ga. 66

DEPARTMENT OF TRANSPORTATION v. James E. GIBSON.

No. 39276.

Supreme Court of Georgia.

May 25, 1983.

G. Conley Ingram, Jack H. Senterfitt, Alston, Miller & Gaines, Atlanta, for Dept. of Transp.

Roy W. Barnes, G. Cleveland Payne III, Marietta, for James E. Gibson et al.

GREGORY, Justice.

Appellant sought to condemn certain real property owned by appellee Gibson in connection with the federally assisted project to widen Interstate 75 in Atlanta. Gibson Litho-Plate Co., Inc., solely owned by Gibson, operated its business on this property.

Appellant provided Gibson with business relocation assistance in accordance with OCGA § 32-8-1 (Code Ann. § 95A-623), Georgia's version of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. The record reflects that through this administrative process appellant ultimately paid Gibson over $54,000 in relocation expenses for Gibson Litho-Plate Co., Inc. Being dissatisfied with that award, appellee initiated an administrative appeal under the Georgia Administrative Procedure Act, OCGA § 50-13-1 et seq., (Code Ann. § 3A-101 et seq.), which appeal is still pending.

In the subsequent judicial condemnation proceeding (separate from the administrative award proceedings), Gibson also sought relocation expenses as an element of just and adequate compensation. Appellant moved in limine to exclude all evidence of relocation expenses during the jury trial on the grounds that relocation benefits under OCGA § 32-8-1 (Code Ann. § 95A-623) were totally separate and apart from a determination of just and adequate compensation, and that the condemnee had initiated an administrative appeal of that award. Appellee argued that the expenses of relocating his business were part of the just and adequate compensation to be paid to him, and he was, therefore, entitled to present that issue to the jury in the condemnation action, notwithstanding the pending administrative action.

The trial court denied appellants' motion in limine, reasoning that "... since the Administrative Procedure Act allows only a review by the Superior Court judge of a final decision by the Department, and since the Constitution of the State of Georgia provides that a property owner is entitled to just and adequate compensation for property taken by eminent domain, the property owner should be allowed to try the issue of relocation expenses to the jury in the condemnation action, even though the condemnee has initiated an administrative appeal of the Department's award ..." We granted appellants' application for interlocutory review of this ruling in order to consider the questions presented therein.

1. Initially, this case requires us to examine the relationship between business relocation assistance for condemnees as provided under OCGA § 32-8-1 et seq. (Code Ann. § 95A-623 et seq., Georgia's version of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970) and Art. I, Sec. III, Par. I of the Georgia Constitution (Code Ann. § 2-301; "Private property shall not be taken ... without just and adequate compensation being first paid ...").

The Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (hereinafter, the "Uniform Act") was enacted by the United States Congress to establish a uniform policy for the equitable treatment of persons displaced as a result of federally assisted programs. Sec. 42 U.S.C.A. § 4621. Under the Uniform Act, the states must make available assistance and payments for relocation expenses to owners of residential, farming or business property whose property is acquired for federally assisted highway projects in order to continue to receive federal funds for those projects. 42 U.S.C.A. §§ 4630, 4655. Under our version of the Uniform Act, a condemnee whose property is being acquired for federally assisted highway projects may, but is not required to, seek payment of relocation expenses directly from the Department of Transportation in an administrative action. OCGA § 32-8-1 (Code Ann. § 95A-623). If the condemnee is dissatisfied with that award, he may appeal that award under our Administrative Procedure Act, OCGA § 50-13-1 et seq. (Code Ann. § 3A-101 et seq.).

Prior to the enactment of the Uniform Act, we had held that business relocation expenses of the type involved here may be recovered as a part of the "just and adequate compensation" owed to condemnees under our constitutional provision. Bowers v. Fulton County, 221 Ga. 731, 146 S.E.2d 884 (1966). The enactment of OCGA § 32-8-1 (Code Ann. § 95A-623) does not alter the fact that relocation expenses, whether awarded judicially or administratively, are still a part of the "just and adequate compensation" guaranteed to condemnees under our constitution. ¹ The critical question in this case, whether seeking administrative payment of relocation expenses precludes a separate judicial determination of the same relocation expenses in the statutorily authorized condemnation proceedings, can only be answered by analyzing what role OCGA § 32-8-1 (Code Ann. § 95A-623) plays in the overall condemnation process. In making this analysis, we necessarily use caution so that we not overstep our judicial bounds and encroach on the province of the legislature.

There is no constitutional right to a jury trial in eminent domain cases. Oliver v. Union Point & C.R., 83 Ga. 257, 261, 9 S.E. 1086 (1889); Mills on Eminent Domain (2d Ed.1888) p. 239; I Nichols on Eminent Domain (3d Ed.1976), § 4105, et seq. See, D.O.T. v. Doss, 238 Ga. 480, 233 S.E.2d 144 (1977), overruled on other grounds 242 Ga. 707. But, were this not a case involving payments under OCGA § 32-8-1 (Code Ann. § 95A-623), condemnee would be able to litigate the question of his business relocation expenses as an element of "just and adequate compensation" in the condemnation proceedings under OCGA § 32-3-1 et seq. (Code Ann. § 95A-601 et seq.). Bowers v. Fulton County, supra. Through our own version of the Uniform Act, OCGA § 32-8-1 (Code Ann. § 95A-623), however, the General Assembly has provided a separate administrative procedure by which condemnees displaced by federally funded programs may seek and receive compensation for their business relocation expenses. ²

This condemnee chose to seek an administrative determination and accept payment of his business relocation expenses under OCGA § 32-8-1 (Code Ann. § 95A-623). He accepted...