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State Highway Department v. Howard

Court of Appeals of Georgia
Sep 24, 1964
138 S.E.2d 597 (Ga. Ct. App. 1964)

Opinion

40891.

DECIDED SEPTEMBER 24, 1964.

Condemnation of land. Peach Superior Court. Before Judge Long.

George B. Culpepper, Jr., contra.


1. It is error in a condemnation case to charge that the jury might, in estimating the value of the land taken, consider other uses to which the land might be devoted when there was no evidence authorizing the jury to find that it was suitable for any use other than that to which it was devoted at the time of the taking, or from which a reasonable inference of suitability for other uses might be drawn. Central Ga. Power Co. v. Cornwell, 139 Ga. 1 ( 76 S.E. 387, AC 1914A 880); State Hwy. Dept. v. Whitehurst, 109 Ga. App. 737 ( 137 S.E.2d 371); State Hwy. Dept. v. Godwin, 109 Ga. App. 740 (2) ( 137 S.E.2d 351).

2. A charge that "the measure of damages for property actually taken is the fair market value of that particular property, and when this measure or rule will give just and adequate compensation to the condemnee, it is the rule that should be applied by you" is not subject to the criticism that it is argumentative, confusing or prejudicial.

Judgment reversed for the reason stated in the first headnote. Bell, P. J., and Jordan, J., concur.

DECIDED SEPTEMBER 24, 1964.


Eugene Cook, Attorney General, Richard L. Chambers, Horace E. Campbell, Jr., Assistant Attorneys General, Robert Lanyon, Deputy Assistant Attorney General, for plaintiff in error.


Summaries of

State Highway Department v. Howard

Court of Appeals of Georgia
Sep 24, 1964
138 S.E.2d 597 (Ga. Ct. App. 1964)
Case details for

State Highway Department v. Howard

Case Details

Full title:STATE HIGHWAY DEPARTMENT v. HOWARD et al

Court:Court of Appeals of Georgia

Date published: Sep 24, 1964

Citations

138 S.E.2d 597 (Ga. Ct. App. 1964)
138 S.E.2d 597

Citing Cases

Howard v. State Highway Department

This court reversed an earlier judgment. State Hwy. Dept. v. Howard, 110 Ga. App. 373 ( 138 S.E.2d 597).…