State Highway Department v. Hood, 43743.
| Citation | 118 Ga. App. 720,165 S.E.2d 601 |
| Decision Date | 26 November 1968 |
| Docket Number | 43743. |
| Parties | STATE HIGHWAY DEPARTMENT v. HOOD. |
| Court | United States Court of Appeals (Georgia) |
Arthur K. Bolton, Attorney General, Richard L. Chambers, Robert E. Sherrell, Assistant Attorneys General, Eugene P. Baldwin, for appellant.
E. R. Lambert, Vaughn & Barksdale, A. R. Barksdale, Joe H. Bynum, Jr., for appellee.
1. In this case, involving condemnation, there was evidence that a 33.8 acre strip of land was taken for highway construction purposes from the condemnee's 290 acre parcel; that approximately 200 acres of the parcel were under lease to another who conducted a dairying operation thereon; and that the taking left the remaining parcel divided into two portions connected only by a combination drainage and passage way constructed under the highway.
In a case such as this the condemnee is entitled to just and adequate compensation for the property actually taken. He is also entitled to consequential damages, if any, to the property which he retains after the taking, i.e., the remainder. The determination of what is just and adequate compensation with regard to the land actually taken is not in all cases limited to the property's value as a mere piece of realty or improved realty, e.g., the taking of a piece of realty may carry with it an established business in a unique location, the loss of which will be attended with a loss of profits, loss of business, moving expenses, etc. Thus in an appropriate case, just and adequate compensation for land actually taken will include its market value at the time of the taking plus additional items. See Bowers v. Fulton County, 221 Ga. 731 (146 SE2d 884).
The measure of consequential damage to the remainder is the diminution, if any, in the market value of the remainder in its circumstances just prior to the time of the taking compared with its market value in its new circumstances just after the time of the taking.
In the present case there was evidence that rental income had been reduced and also that the tenant did not intend to renew the lease when it expired because of the changed condition of the property.
The court charged the jury that:
The following charge was also given: ...
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Dendy v. Metropolitan Atlanta Rapid Transit Authority, 63591
...time of the taking compared with its market value in its new circumstance just after the time of the taking. State Highway Department v. Hood, 118 Ga.App. 720, 165 S.E.2d 601; Venable v. State Highway Department, 138 Ga.App. 788, 227 S.E.2d 509." The Supreme Court found the instruction to t......
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...Thus, the only relevant inquiry here was the value of Condemnee's property for business rental purposes. State Hwy. Dept. v. Hood, 118 Ga.App. 720, 165 S.E.2d 601 (1968). Condemnee is not entitled to produce evidence which is not relevant to that inquiry, under the guise that such irrelevan......
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...to distinguish between the total destruction of the business and mere damage to business. See in this connection State Hwy. Dept. v. Hood, 118 Ga.App. 720, 165 S.E.2d 601 (loss of rental of a dairy farm by division of property); State Hwy. Dept. v. Novle, 114 Ga.App. 3, 150 S.E.2d 174 (dest......
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Wright v. Metropolitan Atlanta Rapid Transit Authority
...time of the taking compared with its market value in its new circumstance just after the time of the taking. State Highway Dept. v. Hood, 118 Ga.App. 720, 165 S.E.2d 601 (1968); Venable v. State Highway Dept., 138 Ga.App. 788, 227 S.E.2d 509 This court in Elliott v. Fulton County, 220 Ga. 3......
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A Critical Review of Law of Business Loss Claims in Georgia Eminent Domain Jurisprudence - Charles M. Cork, Iii
...and oppression). 26. State Highway Dep't v. Noble, 114 Ga. App. 3, 7-8, 150 S.E.2d 175, 177 (1966). 27. State Highway Dep't v. Hood, 118 Ga. App. 720, 720, 165 S.E.2d 601, 602-03 (1968). 28. Id. at 721-22, 165 S.E.2d 601, 603-04. 29. 124 Ga. App. 645, 185 S.E.2d 616 (1971). 30. Id. at 647, ......