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Woodland Partners Ltd. Partnership v. Department of Transp.

The trial court did not abuse its discretion in striking certain testimony from the condemnee's expert on the ground that the expert valued a 15.2-acre tract of the condemnee's unimproved land as if the land were divided into 1-acre to 1.5-acre tracts of land ready for sale to end users for immediate construction of commercial buildings.

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In 2002, in furtherance of a construction project to widen a highway, the Georgia Department of Transportation DOT acquired by condemnation 0.913 acre of an approximately 800-acre tract of unimproved land owned by Woodland Partners Limited Partnership.1 At a jury trial, Woodland contested the DOT’s estimation of just and adequate compensation. Dissatisfied with the judgment entered upon the jury’s verdict, Woodland appeals to this court, challenging various evidentiary rulings. Because Woodland has failed to show that the trial court erred, we affirm. The evidence showed that, for years, Woodland’s 800-plus acreage had been under a mining permit, with about 300 acres having been used for actual mining. The 0.913 acre acquired by the DOT was outside such 300 acres and abutted the highway. Woodland’s valuation expert witness described that parcel as “a strip of land that’s about thirty feet deep and fifteen hundred and sixty feet long.” The parties’ valuation expert witnesses all agreed that the highest and best use of the property taken was for commercial development.

1. Woodland contends that the trial court erred in allowing testimony by Gary Hammond, a DOT expert witness.

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