The Lamar Co. LLC v. The State of Ga.

The Lamar Company, LLC, d/b/a Lamar Advertising Company “Lamar” was a lessee of property the State sought to condemn pursuant to the exercise of eminent domain. The State reached a settlement with Lamar’s lessor, which required it to break the lease with Lamar. Then, the State voluntarily dismissed the condemnation proceeding. Lamar challenged the dismissal, arguing that the State owed it just compensation for its leasehold interest in the property. In the alternative, Lamar sought payment of attorney fees for having to litigate the condemnation issue. The trial court denied Lamar’s motion, and Lamar appealed.1 For reasons that follow, we affirm in part and reverse in part.

The record shows that Lamar is an outdoor advertising company that leased space from the owners of 339 Northside Drive to erect a billboard on the property.2 The lease provided, in pertinent part, that the owners “shall have no cancellation privileges on this contract for the first four 4 years or until January 1, 1996. After January 1, 1996, Lessor may cancel this agreement if the property is sold, developed or leased . . . by giving the Lessee ninety 90 days advanced written notice.”