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Department of Transp. v. Lewis

Evidence of diminished value to the remaining land supported the award of $380,000 as compensation for the condemned land and consequential damages.

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The Georgia Department of Transportation DOT condemned land for a road right-of-way pursuant to OCGA § 32-3-1 et seq., and a jury awarded Joshua L. Lewis, Jr. and other named condemnees holding interests in the land $380,000 as compensation for the value of the land taken and consequential damages to the remaining land. The DOT appeals claiming the award should be reversed because it exceeded the highest value and damages placed on the land by the evidence admitted at trial. We find there was evidence to support the award and affirm.

The DOT argues that the maximum award which could have been supported by the evidence was $329,531. It points out that Lewis testified the land at issue was worth $3,750 per acre, that evidence showed 15.912 acres was taken for the right-of-way, that an expert testified the value of remaining tracts of land split by the taking 6.687 acres and 85.6 acres was reduced by 80, and that timber on the land taken for the right-of-way was valued at $11,000. As Lewis points out, however, he also testified that comparable land sold at up to $4,000 per acre, and that the land at issue was more desirable than the comparable land. Lewis further testified that the consequential damages to the remaining land was at least an 80 reduction in value. In addition to viewing the land, the jury heard testimony that severely restricted access to the remaining land caused by the taking destroyed the highest and best use for the land as a residential subdivision and diminished the value of the timber on the remaining land.

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