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Department of Transp. v. Robinson

Evidence of the DOT's interference with the condemnees' easement of access was admissible since the DOT's road-widening project called for removal of a lane which provided unimpeded access to the condemnees' property.

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The Department of Transportation “DOT” condemned a permanent slope easement and temporary driveway easement on property owned by Charles Jerry Robinson and Charles Randall Robinson. The Robinsons appealed the DOT’s condemnation declaration, and following trial, a jury awarded them additional compensation. The trial court subsequently denied the DOT’s motion for new trial, and the DOT filed this appeal. The DOT asserts that the trial court erred in denying its motion for a directed verdict and in admitting evidence and instructing the jury concerning interference with an easement of access. For reasons that follow, we affirm.

Construed favorably to the jury’s verdict, the evidence produced at trial shows that, in 1991, the Robinsons purchased land on U.S. Highway 27 in Polk County, Georgia, and built an automotive repair shop on the property “the property”. At the time, the Robinsons, under an agreement with the DOT, constructed an acceleration/deceleration lane along the highway for access to and from the shop’s driveway. The Robinsons subsequently dedicated the lane to the DOT. Tractor-trailer trucks often visit the shop, and, because of their large turning radius, they need the acceleration/deceleration lane to access the driveway.

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