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McArthur v. State Highway Department

69 S.E.2d 781, 85 Ga. App. 500, 1952 Ga. App. LEXIS 765
CourtCourt of Appeals of Georgia
DecidedFebruary 28, 1952
Docket33904
StatusPublished
Cited by25 cases

This text of 69 S.E.2d 781 (McArthur 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.

Bluebook
McArthur v. State Highway Department, 69 S.E.2d 781, 85 Ga. App. 500, 1952 Ga. App. LEXIS 765 (Ga. Ct. App. 1952).

Opinion

Felton, J.

There are only two elements of damages to be considered in a condemnation proceeding: first, the market value of the property actually taken; second, the consequential damage that will naturally and proximately arise to the remainder of the owner’s property from the taking of the part which is taken and the devoting of it to the purposes for which it is condemned, including its proper maintenance and operation, and the measure of these consequential damages is the diminution in the market value of the remainder of the property proximately arising from these causes. Consequential damages to the remainder of the property caused by the negligent or improper construction of the improvement are not proper for consideration in a condemnation proceeding, but are the subject of a separate suit for damages. Atlanta Terra Cotta Co. v. Ga. Ry. & Elec. Co., 132 Ga. 537 (5) (64 S. E. 563); Central Georgia Power Co. v. Mays, 137 Ga. 120 (4) (72 S. E. 900); McCrea v. Ga. Power Co., 46 Ga. App. 276 (3) (167 S. E. 540); 29 C. J. S. 1029, § 161. Therefore, it was not error for the court to refuse to charge as complained of in special ground one of the amended motion for a new trial, and to charge as complained of in special ground two of the motion.

The court did not err in overruling the amended motion for a new trial.

Judgment affirmed.

Sutton, C.J., and Worrill, J., concur.

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Bluebook (online)
69 S.E.2d 781, 85 Ga. App. 500, 1952 Ga. App. LEXIS 765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcarthur-v-state-highway-department-gactapp-1952.