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Department of Transp. v. Foster

Both the plaintiffs' and the defendant's experts employed a proper appraisal methodology in using the comparable sales approach to value the condemned property at $2.50 per square foot.

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The Georgia Department of Transportation DOT instituted this condemnation proceeding1 to acquire 0.304 acres of a 4.004-acre tract owned by Alfred and Evelyn Foster, so that the road abutting the property could be widened from two to four lanes. Upon filing the declaration of taking, the DOT deposited $17,150 into court as the estimated compensation to be paid for the property. The Superior Court of Henry County thereupon entered judgment vesting title to the acreage in the DOT. The Fosters appealed the issue of valuation to a jury, which returned a $147,000 verdict in their favor. The DOT appeals entry of judgment on the verdict. Finding no merit in any of the DOT’s claims of error, we affirm. 1. The DOT first contends that the superior court erred in denying its motion for a continuance and in substituting the temporary administratrix of the estate of Alfred Foster as a party to this action after Mr. Foster’s death.

Alfred Foster died during the pendency of this litigation. As a result, the DOT filed a motion for a continuance of the jury trial. The court denied the motion and ordered Evelyn Foster substituted as a party defendant in her capacity as temporary administratrix of the estate of Alfred Foster as no permanent administrator had yet been appointed.

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