State Highway Dept. v. Hollywood Baptist Church of Rome, Ga., Inc., 41430
| Decision Date | 17 December 1965 |
| Docket Number | No. 41430,No. 3,41430,3 |
| Parties | STATE HIGHWAY DEPARTMENT v. HOLLYWOOD BAPTIST CHURCH OF ROME, GEORGIA, INC |
| Court | Georgia Court of Appeals |
Syllabus by the Court
1. Under the facts of this case the jury was not authorized to apply a measure of damages other than 'fair market value,' and the charge authorizing the jury to apply a different measure of damages in arriving at what amount would constitute just and adequate compensation to the condemnee for the property taken was erroneous.
2, 3. While noise, dust, smoke, and other elements causing inconvenience to the condemnee in the use of the property remaining after a condemnation proceeding may not be considered as separate items of damage, such elements may be taken into consideration by the jury in fixing the diminution in value of the remaining property. However, unless such elements are shown to be permanent and continuing in character such evidence is without probative value to illustrate such issue, and upon proper objection should be excluded, and such issue should not be submitted to the jury in the judge's charge.
4. Evidence as to the location of other property of the condemnee and its distance from the property condemned is not relevant to illustrate the question of the diminution in the condemnee's remaining property adjacent to that condemned.
The State Highway Department brought a condemnation proceeding to acquire property to be used as a right of way for a public highway project located in Floyd County, Ga. Upon a jury trial being had a verdict was returned for the condemnee in the amount of $3,022.88, and the condemnor thereafter filed its motion for a new trial on the general grounds and on five special grounds, which motion was overruled, and the exception here is to that judgment.
Arthur K. Bolton, Atty. Gen., Richard L. Chambers, Asst. Atty. Gen., Horace E. Campbell, Jr., Deputy Asst. Atty. Gen., Atlanta, Robert G. Walther, Rome, for plaintiff in error.
Clower & Royal, Robert L. Royal, Rome, for defendant in error.
1. The first special ground complains of the following portion of the charge: It is contended that this charge was erroneous because it was not authorized by the evidence, in that, there was no evidence which would have authorized the jury to find that 'fair market value of the property condemned' would not afford to the condemnee just and adequate compensation, and that there was no evidence that the property had any value to the condemnee over and above its market value. The property involved was a 10 foot strip of land across the front of the condemnee's two city lots which were 50 feet and 65 feet wide respectively, plus 9 square feet across the rear corner of another lot, the total area condemned being .028 acres. Also condemned was a 'slope easement' of 99 square feet.
The evidence shows that all of the property involved in this condemnation was at the time of the condemnation zoned commercial and residential, and that the church authorities had considered the acquisition of additional land at this location for future expansion, but, upon learning of the proposed highway construction, had acquired land a few blocks away to which the church, with the exception of certain Sunday school and related activities, had already been moved when the condemnation proceeding was instituted. It thus appears that,...
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State by Com'r of Transp. v. Carroll
...compensable only if it is demonstrably resultant from the use of the particular lands taken."); State Highway Dept. v. Hollywood Baptist Church, 112 Ga.App. 857, 860, 146 S.E.2d 570, 572 (1965) (In partial condemnation noise from highway may be considered as damage to remainder of property ......
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...inconveniences would not be proper for consideration in a condemnation proceeding, is supported by State Hwy. Dept. v. Hollywood Baptist Church, 112 Ga.App. 857, 146 S.E.2d 570 (1965). 'The evidence with respect to noise, smoke and dust being created as a result of the improvement to be pla......
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...there was no inference that this was a proven fact. The entire charge on this subject was approved in State Highway Dept. v. Hollywood &c. Church, 112 Ga.App. 857, 860, 146 S.E.2d 570, 572, where our court said: '(T)he court charged the jury that 'mere inconvenience is not, in and of itself......
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City of Gainesville v. Chambers, s. 43038
...849, 853, 128 S.E.2d 520; State Hwy. Dept. v. Martin, 111 Ga.App. 428(3), 142 S.E.2d 84; State Hwy. Dept. v. Hollywood Baptist Church of Rome, Georgia, Inc., 112 Ga.App. 857, 858, 146 S.E.2d 570. The charge complained of was not authorized as there was no evidence that fair market value wou......
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