From Casetext: Smarter Legal Research

Stanfield v. State Highway Department

Court of Appeals of Georgia
Apr 2, 1957
98 S.E.2d 40 (Ga. Ct. App. 1957)

Opinion

36608.

DECIDED APRIL 2, 1957.

Condemnation; appraisers' award. Before Judge Vaughn. Clayton Superior Court. December 19, 1956.

Holland Lea, Preston L. Holland, for plaintiff in error.

Eugene Cook, Attorney-General, Paul Miller, Assistant Attorney-General, Edwin S. Kemp, Harold R. Banke, contra.


1. In an appeal to the superior court from the award of the appraisers in a condemnation proceeding where there is no evidence that there will be any consequential benefits to that portion of the land not taken, it is error for the court to charge the jury on the question of consequential benefits. Garden Parks, Inc. v. Fulton County, 88 Ga. App. 97 (3) ( 76 S.E.2d 31).

2. Assuming for the sake of argument that the testimony of the condemnor's witness "as to why, in my opinion, the remaining tract of land will be just as valuable per square foot as the larger tract: When the highway comes by it, it will be more valuable per square foot" is sufficient to show a consequential benefit, such testimony is not sufficient to authorize the jury to find "the amount of enhancement in value or even the percent of increase in the value of the property." Andrus v. State Highway Dept., 93 Ga. App. 827, 829 (3) ( 93 S.E.2d 174).

The court erred in denying the amended motion for new trial.

Judgment reversed. Quillian and Nichols, JJ., concur.

DECIDED APRIL 2, 1957.


Summaries of

Stanfield v. State Highway Department

Court of Appeals of Georgia
Apr 2, 1957
98 S.E.2d 40 (Ga. Ct. App. 1957)
Case details for

Stanfield v. State Highway Department

Case Details

Full title:STANFIELD v. STATE HIGHWAY DEPARTMENT

Court:Court of Appeals of Georgia

Date published: Apr 2, 1957

Citations

98 S.E.2d 40 (Ga. Ct. App. 1957)
98 S.E.2d 40

Citing Cases

Strickland v. Department of Transportation

' Continental Corp. v. Dept. of Transp., 172 Ga. App. 766 (2) ( 324 S.E.2d 588); accord Theo v. Dept. of…

Smith v. State Highway Department

1. In an appeal to the superior court from the award of the assessors in a condemnation proceeding, it is…