The Department of Transportation DOT filed an in rem proceeding to condemn approximately 15 acres of a larger tract owned by Meadow Trace, Inc. MTI and located at the intersection of I-985 and U.S. Highway 129. A question arose as to the extent of the subject property’s right of access along its border with Highway 129. This was an important factor in determining just and adequate compensation, because the value of the property would increase in proportion to its accessibility to the road. The issue of access depends on the construction of an instrument executed in June of 1966 and denominated as a “Right of Way Deed LIMITED ACCESS,” wherein MTI’s predecessor in title conveyed to the State Highway Department a portion of his larger parcel, for use as the right-of-way of a limited access road that subsequently became I-985. In addition to the interstate right-of-way, the instrument conveyed certain access rights to the Highway Department. The dispute over the scope of the access rights conveyed by the deed was submitted to the trial court on cross-motions for summary judgment. After conducting a hearing, the trial court granted summary judgment in favor of MTI, concluding that the property has unlimited access to the highway.
Thereafter, DOT filed two separate appeals, one to this Court and one to the Court of Appeals. The appeal to this Court purported to be within our jurisdiction over cases involving title to land. Art. VI, Sec. VI, Par. III 1 of the Ga. Const. of 1983. The Court of Appeals transferred its appeal to this Court, recognizing that we have ultimate responsibility for construing the constitutional provisions regarding appellate jurisdiction, and stating that the purpose of its transfer was to obtain an “authoritative determination” as to which court has jurisdiction over this appeal. We dismissed as moot the duplicative appeal which DOT filed directly to this Court, and specified that the transferred appeal, wherein the Court of Appeals sought a definitive clarification as to appellate jurisdiction, would remain pending.
