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Collins & Assocs. v. Henry County Water and Sewerage Auth.

The trial court did not abuse its discretion in striking part of the condemnee's expert's testimony relating to consequential damages, since the expert used subdivision plats to establish the undeveloped property's value and the evidence showed that the property was several miles away from a water source and lacked utilities necessary for development

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Henry County Water and Sewerage Authority “Henry County” petitioned to condemn 5.46 acres of land owned by Collins & Associates “Collins”. Following a jury trial, Collins was awarded $79,856.01. Collins appeals, challenging evidentiary rulings made by the trial court. In several other enumerations of error, Collins contends that the trial court erred in charging the jury. Finding no reversible error, we affirm. Viewed favorably to the verdict,1 the evidence shows that Henry County filed a petition in Henry County Superior Court to condemn 5.46 acres owned by Collins for the purpose of creating a water reservoir. The special master in the case recommended that the property be condemned and that Collins receive $27,100 in compensation. Collins appealed the award, demanding a jury trial. Following a trial at which both Henry County and Collins presented expert testimony regarding valuation, the jury awarded $79,856.01.

1. In its first claim of error, Collins contends that the trial court erred in granting Henry County’s motion in limine, thereby excluding evidence of a boundary line dispute.2 Specifically, Collins argues that because of a boundary dispute, Henry County was taking 9.78 acres rather than the 5.46 named in the petition. Henry County argued that, pretermitting the existence of a boundary dispute, it had only taken 5.46 acres and the only issue to be decided was the value of that acreage. The trial court agreed with Henry County, determining that if any additional acreage was flooded after the completion of the reservoir, Collins might have a separate action for inverse condemnation, but that the only issue to be tried at that time was the value of the 5.46 acres already condemned.3

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