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Unified Gov't of Athens-Clarke County, Ga. v. Watson

The condemned property's close proximity to a university and city, as well as the deteriorated nature of the immediately surrounding neighborhood, allowed the jury, in valuing the property, to consider a possible change in zoning from single-family to multi-family use.

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In 2000, the Unified Government of Athens-Clarke County instituted special master condemnation proceedings to acquire approximately 50 acres of land owned by Billy L. Watson. The special master awarded Watson $479,940 as the actual market value of the property, with no consequential damages or consequential benefits. Both parties appealed the award to the superior court. Following trial, a jury found $2,775,000 to be just and adequate compensation for the taking of the property. The Unified Government appeals the judgment entered on the jury’s verdict.

The Unified Government claims that the trial court erred by i admitting evidence of a possible change in zoning, ii in allowing hearsay evidence, and iii in allowing expert witnesses to opine on the value of the property as if it had been actually rezoned. Watson and the Unified Government agree that the judgment should be corrected to reflect amounts previously disbursed to Watson from the special master’s award. For reasons set forth below, we find no reversible error.

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