State Highway Dept. v. Hilliard
| Decision Date | 20 October 1965 |
| Docket Number | No. 1,No. 41557,41557,1 |
| Parties | STATE HIGHWAY DEPARTMENT v. Lola Bell HILLIARD et al |
| Court | Georgia Court of Appeals |
Arthur K. Bolton, Atty. Gen., Richard L. Chambers, Asst. Atty. Gen., Horace E. Campbell, Jr., Deputy Asst. Atty. Gen., Atlanta, J. Kenneth Royal, Jesup, for plaintiff in error.
W. Glenn Thomas, Jr., Albert E. Butler, Jesup, for defendants in error.
Syllabus Opinion by the Court
1. In this condemnation case the court instructed the jury as follows: The instruction is correct except for the statement that 'market value and actual value will not ordinarily be synonymous' which contains an implication that, should the jury find this to be an 'ordinary' case, they should disregard market value as a component of that value which will give just and adequate compensation to the owner. This court has frequently stated that the measure of damages which will afford the compensation guaranteed by the Constitution is ordinarily represented by the fair market value of the property interest taken, and that it is only in situations where maket value does not coincide with just and adequate compensation that other yardsticks become available. Housing Auth. of Savannah v. Savannah Iron etc., Works, 91 Ga.App. 881(3), 87 S.E.2d 671; Georgia Power Co. v. Pittman, 92 Ga.App. 673, 89 S.E.2d 577; Housing Auth. of Augusta v. Holloway, 63 Ga.App. 485, 11 S.E.2d 418; City of Atlanta v. Gore, 47 Ga.App. 70(5), 169 S.E. 776; Bibb County v. Green, 42 Ga.App. 552, 156 S.E. 745; City Council of Augusta v. Lamar, 37 Ga.App. 418(6), 140 S.E. 763. While the instruction as given may have been a slip of the tongue, and while the court instructed the jury elsewhere in the charge that market...
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