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Department of Transp. v. Bacon Farms

The trial court erred in allowing the condemnee to present evidence of the value of kaolin deposits on his farmland by using a "price times unit" method.

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The Georgia Department of Transportation DOT appeals a jury award of $2,064,000 to Bacon Farms, L. P., in this land condemnation case. DOT contends, among other things, that the trial court erred by allowing Bacon Farms to present evidence of the value of kaolin deposits on the land by using a “price times unit” method. We agree and reverse. The property in question is approximately 18 acres of a 483-acre tract of farmland in Wilkinson County owned by Bacon Farms. The land contains deposits of kaolin, a type of clay that can be mined and processed for use in making paper, ceramics, fiberglass, and other products. Although Bacon Farms knew about the kaolin on its property, it had never sold or mined any of it before DOT condemned the property.

At trial, DOT presented the testimony of geologist Sam Pickering, who analyzed 13 core drilling samples from the taken property and determined that the kaolin was of relatively poor quality and would be difficult to reach and therefore cost-prohibitive to mine. Accordingly, Pickering testified that the kaolin did not enhance the value of the property.

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