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Georgia Dep't of Transp. v. Bae

Because the DOT did nothing to the roads abutting the plaintiffs' business and did not terminate or obstruct their access to those roads, the plaintiffs' injury resulting from a re-routing of highway traffic so that it no longer directly passed by their business was non-compensable.

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Ju Hwan Bae and Kum Sun Bae filed an inverse condemnation claim arising from the construction of a new section of State Road 155 near their commercial property. The trial court denied summary judgment to the Georgia Department of Transportation “DOT” and denied its subsequent motion for reconsideration. DOT filed an application for interlocutory review, which we granted. We reverse, for the reasons that follow.

The relevant facts are not in dispute. The Baes owns a gas station and convenience store in Griffin that is located on a triangular piece of land at the intersection of East McIntosh Road and a street that used to be known as State Highway 155 which is now known as Old State Highway 155.1 DOT built a new highway segment nearby that is now called State Highway 155, so that the highway traffic no longer directly passes by the Baes’ gas station. As part of this construction project, DOT converted one end of East McIntosh Road into a dead-end street some distance away from the Baes’ business and the other end of East McIntosh was extended to meet the new State Highway 155. DOT did not alter the portions of the roads that abut the Baes’ business, and their access to East McIntosh Road and Old State Highway 155 have not changed.

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