Georgia Dep't of Transp. v. Crumbley

In this condemnation case, the Georgia Department of Transportation appeals from a judgment on the jury verdict in favor of the property owner. In its sole enumeration of error, the DOT contends that the trial court erred in instructing its expert witness to recalculate his assessment of consequential damages to the remainder of the property after partial condemnation and in instructing the jury to that effect. We disagree and affirm. Nora S. Crumbley originally owned an L-shaped, 7.61-acre tract of land at the intersection of State Highway 20 and Simpson Mill Road in Henry County. It was bisected almost exactly by a power line easement, with approximately four acres lying between the easement and State Highway 20, and approximately three and one-half acres behind the power line. As part of a project to widen the state highway, the DOT condemned 1.42 acres of the parcel along the highway frontage. Crumbley contested the amount of compensation offered, and the case proceeded to a jury trial.

Two expert witnesses were presented by the parties on the issue of just and adequate compensation. Gary R. Hammond, Jr. testified for the DOT and placed the total just and adequate compensation at $249,800. H.M. “Mit” Bradford testified for Crumbley that the total just and adequate compensation was $615,000. The jury awarded compensation of $432,650, and the DOT appeals.