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McDonald v. Georgia Dep't of Transp.

The trial court erred in charging the jury that a property owner is not entitled to access to his land at all points on the boundary between the property and all streets, if entire access has not been cut off, and if he is offered a convenient access to his property.

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In this condemnation action, Maxine McDonald and John Robert McDonald appeal a jury’s award to them of $96,500 as just compensation for the taking of 3.509 acres by the Georgia Department of Transportation DOT. On appeal, the McDonalds contend that they are entitled to a new trial because the trial court made numerous errors in its instructions to the jury. For the reasons set forth below, we reverse.

Viewed in the light most favorable to the jury’s verdict, the record shows that the McDonalds owned a certain 13.5 acre tract of land in Walker County. The McDonalds used this property to operate an automobile salvage yard. Although located in an area rezoned for residential use only, the McDonalds’ property was “grandfathered,” and the McDonalds were allowed to continue their business under the condition that they build a fence and plant shrubs to obscure the view of junked automobiles on their property.

 
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