Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Whitfield v. Department of Transp.

The evidence supported the trial court's distribution of a portion of the condemnation award to the condemnee who operated a gas station on the property.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The Georgia Department of Transportation DOT condemned land for a road right-of-way pursuant to OCGA § 32-3-1 et seq. and paid $197,825 into the registry of the trial court as compensation to condemnees, Stanley A. Whitfield, Whitfield Oil Company, Bonnie Green, and Fina Oil and Chemical Company. Stanley A. Whitfield and Whitfield Oil Company appeal from the trial court’s judgment distributing $145,825 to them, $50,000 to Green, and $2,000 to Fina Oil as just and adequate compensation for the condemnees’ respective interests and consequential damages. For the reasons which follow, we affirm the trial court’s judgment accepting $197,825 as total just and adequate compensation and affirm the amounts distributed from that total to Whitfield, Whitfield Oil, and Green. As to Fina Oil, the evidence supports a distribution in an amount no greater than $1,489.65.

1. In various enumerations of error, Whitfield and Whitfield Oil claim that the declaration of taking filed with the condemnation petition was insufficient, that they were entitled to a jury trial on the issue of compensation, that proper procedures were not followed in adding a condemnee and compensation after the declaration of taking was filed, and that orders were entered related to additional compensation paid by the DOT without proper notice. These claims are without merit or waived.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
BUSINESS LITIGATION ATTORNEY -- HARTFORD, CT

McCarter & English, LLP is actively seeking a litigation associate for its office located in Hartford, CT. One to three years of experie...


Apply Now ›
Associate Litigator

Borteck & Czapek, P.C., based in Florham Park, is a boutique estates and trusts law firm specializing in estate planning and administrat...


Apply Now ›
Gwinnett County: State Court Staff Attorney

Gwinnett County State Court is seeking an attorney to assist the Judge by conducting a variety of legal research, analysis, and document pre...


Apply Now ›
Go to Lawjobs