Will-Ed Enterprises v. Metropolitan Atlanta R. T

Full title: WILL-ED ENTERPRISES, INC. v. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY

Court: Court of Appeals of Georgia

Date published: Sep 22, 1976

229 S.E.2d 763 (Ga. Ct. App. 1976)

139 Ga. App. 829

Opinion

52625.

ARGUED SEPTEMBER 14, 1976.

DECIDED SEPTEMBER 22, 1976. REHEARING DENIED OCTOBER 13, 1976.

Condemnation. DeKalb Superior Court. Before Judge Hubert.

E. Graydon Shuford, for appellant.

Henry L. Bowden, Ralph C. Jenkins, Huie, Ware, Sterne, Brown Ide, Charles N. Pursley, Jr., for appellee.

WEBB, Judge.

Condemnee in this condemnation proceeding enumerates as the sole error the trial court's refusal to admit in evidence a contingent and unconsummated contract for the sale of the property entered into approximately two months before the date of taking. No error appears since at the time the contract was entered into the property had been renovated and was in good condition, while at the subsequent date of taking it had been vandalized and was unrentable. "Since the compensation to be paid for property condemned is to be determined by its value at the time of its actual taking, a jury can not consider the value at a time prior to the actual time of taking." City of Atlanta v. West, 123 Ga. App. 255 (1) ( 180 S.E.2d 277) (1971).

Judgment affirmed. Deen, P. J., and Quillian, J., concur.

WEBB, Judge.

ARGUED SEPTEMBER 14, 1976 — DECIDED SEPTEMBER 22, 1976 — REHEARING DENIED OCTOBER 13, 1976 — CERT. APPLIED FOR.