State Highway Dept. v. Hurt, 44913
Decision Date | 13 February 1970 |
Docket Number | No. 2,No. 44913,44913,2 |
Citation | 173 S.E.2d 279,121 Ga.App. 188 |
Court | Georgia Court of Appeals |
Parties | STATE HIGHWAY DEPARTMENT v. Joel HURT, III |
Arthur K. Bolton, Atty. Gen., Harold N. Hill, Jr., Exec. Asst. Atty. Gen., Richard L. Chambers, Asst. Atty. Gen., John H. Hicks, Deputy Asst. Atty. Gen., Atlanta, Lawton Miller, Jr., Macon, for appellant.
Byrd, Groover & Buford, Denmark Groover, Jr., Hamilton Napier, Macon, for appellee.
Syllabus Opinion by the Court
It was proper to allow the jury to consider the opinion of an expert appraiser, who had knowledge and experience with respect to effecting changes in zoning restrictions, that the property being subjected to a perpetual drainage easement could be rezoned from residential to commercial use, that this would be virtually automatic if the property qualified as 'commercial highway' property by reason of proximity to an arterial highway, and, assuming that rezoning could be accomplished, his opinion of the value of the property. The final instructions of the court to the jury are explicit in providing appropriate guidelines for the jury to follow in considering testimony of this nature in arriving at the value of the property being taken as of the date of taking. Civils v. Fulton County, 108 Ga.App. 793, 796, 134 S.E.2d 453, 456. The quoted opinion continues to the further effect that the possibility or probability of a change in zoning restrictions on use may be considered, if not remote or speculative, to the extent that the likelihood may have an appreciable influence on present market value. To the same effect, see Klumok v. State Highway Department, 119 Ga.App. 505(1), 167 S.E.2d 733. We do not regard the opinion of the witness concerning the possibility or probability of effecting a change in zoning restrictions, in view of his stated knowledge and experience, as merely a remote or speculative possibility or...
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Evans v. Dep't of Transp.
...into the property and the surrounding areas. See Watson, 276 Ga. at 277, 577 S.E.2d 769. See also State Highway Dept. v. Hurt, 121 Ga.App. 188, 189, 173 S.E.2d 279 (1970) (physical precedent only) (opinion testimony regarding probability of change in existing zoning restrictions was admissi......
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Venable v. State Highway Dept., 52170
...obtaining approval of the Gwinnett County Board of Zoning. The evidence failed to establish this to be true. See State Hwy. Dept. v. Hurt, 121 Ga.App. 188, 189, 173 S.E.2d 279. There is no merit in the second enumeration of 6. The next enumeration of error complains of the court's failure t......
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