Bowen v. State Highway Department

Court of Appeals of Georgia

Bowen v. State Highway Department

185 S.E.2d 626, 124 Ga. App. 720, 1971 Ga. App. LEXIS 1079

CourtCourt of Appeals of Georgia

DecidedOctober 28, 1971

Docket46262

StatusPublished

This text of 185 S.E.2d 626 (Bowen v. State Highway Department) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bowen v. State Highway Department, 185 S.E.2d 626, 124 Ga. App. 720, 1971 Ga. App. LEXIS 1079 (Ga. Ct. App. 1971).

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Opinion

Hall, Presiding Judge.

Condemnee appeals from the judgment in his appeal to a jury on value. His sole enumeration of error is that the court erroneously charged the jury it could offset any consequential benefits from any consequential damages to the remainder. He contends there was no evidence from which the jury could compute consequential benefits.

The contention is without merit. Condemnee’s own expert witness testified that the value of the land before the taking was $650 per acre and that any increased value (considering the later actual selling price) was caused by the new highway. Condemnee himself testified that he sold the remainder, after the highway had been built, at $3,000 per acre. Evidence of a voluntary sale of the same property is admissible on the question of value. 10 E.G.L. Eminent Domain, § 118 and cases cited therein. See also State Hwy. Dept. v. Rosenfeld, 120 Ga. App. 439 (170 SE2d 837). The jury had sufficient evidence to arrive at a consequential benefits figure for the remainder.

Judgment affirmed.

Eberhardt, and Pannell, JJ., concur. Whitman, J., not participating because of illness. Hutcheson, Kilpatrick, Watson, Crumbley & Brown, John L. Watson, Jr., for appellants. Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Marion 0. Gordon, William B. Brown, Assistant Attorneys General, for appellee.

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Hall, Presiding Judge.

Condemnee appeals from the judgment in his appeal to a jury on value. His sole enumeration of error is that the court erroneously charged the jury it could offset any consequential benefits from any consequential damages to the remainder. He contends there was no evidence from which the jury could compute consequential benefits.

The contention is without merit. Condemnee’s own expert witness testified that the value of the land before the taking was $650 per acre and that any increased value (considering the later actual selling price) was caused by the new highway. Condemnee himself testified that he sold the remainder, after the highway had been built, at $3,000 per acre. Evidence of a voluntary sale of the same property is admissible on the question of value. 10 E.G.L. Eminent Domain, § 118 and cases cited therein. See also State Hwy. Dept. v. Rosenfeld, 120 Ga. App. 439 (170 SE2d 837). The jury had sufficient evidence to arrive at a consequential benefits figure for the remainder.

Judgment affirmed.

Eberhardt, and Pannell, JJ., concur. Whitman, J., not participating because of illness. Hutcheson, Kilpatrick, Watson, Crumbley & Brown, John L. Watson, Jr., for appellants. Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Marion 0. Gordon, William B. Brown, Assistant Attorneys General, for appellee.

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185 S.E.2d 626, 124 Ga. App. 720, 1971 Ga. App. LEXIS 1079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowen-v-state-highway-department-gactapp-1971.

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