Georgia Dep't of Transp. v. Jackson

The evidence supported the jury's finding that the plaintiff acquired a prescriptive easement over a railroad crossing, and thus a compensable property interest, because the railroad was on notice of his adverse use of the crossing.

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Appellee Clyde W. Jackson filed this inverse condemnation case against the Georgia Department of Transportation “DOT”, contending that the DOT took a property interest from him, without compensation, when the DOT closed a driveway that led to his property as part of its work on Highway 113 in Bartow County. The driveway led from Highway 113 across a tract of land with no record ownership and over a railroad crossing before reaching Jackson’s property. Jackson argued that he had acquired a prescriptive easement over the driveway, including the railroad crossing, and thus had a property interest for which that DOT failed to compensate him. The DOT contends that Jackson failed to provide notice to the railroad of his adverse use of the railroad crossing, and thus, he had only a revocable license in the railroad crossing, which is not a compensable property interest. The case proceeded to trial, and the jury found that Jackson had obtained a prescriptive easement over the entire driveway, including the railroad crossing, and awarded him compensatory damages. The trial court denied DOT’s motion for directed verdict made at the close of evidence and its motion for judgment notwithstanding the verdict, or in the alternative, for a new trial. The DOT appeals from that order. Finding no error, we affirm.

On appeal, our review of the trial court’s denial of these motions is “circumscribed by the ‘any evidence’ standard.” Citation omitted. Trammell v. Whetstone, 250 Ga. App. 503 552 SE2d 485 2001. Further,

Georgia Dep't of Transp. v. Jackson

The evidence supported the jury's finding that the plaintiff acquired a prescriptive easement over a railroad crossing, and thus a compensable property interest, because the railroad was on notice of his adverse use of the crossing.

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