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Department of Transp. v. Arnold

Owner of condemned property could recover for his post-taking business losses because he showed that he had to relocate his chiropractic clinic after the DOT condemned most of his parking lot.

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Georgia Department of Transportation DOT acquired by condemnation 0.044 acres 20 feet x 100 feet of land in fee simple, a permanent slope easement 15 feet x 100 feet, and an additional temporary driveway easement from Dr. Allen K. Arnold. The total parking area of 55 feet by 100 feet for Arnold Chiropractic, from which the total take came, had 35 feet by 100 feet affected, leaving only 20 feet by 100 feet not subject to the rights acquired by DOT. Prior to the taking, Arnold had 17 parking spaces. After trial, the jury returned a general verdict for $115,510, upon which judgment was entered on February 2, 1999, but DOT had only tendered $39,700. DOT contends that the trial court erred in allowing the jury to consider business loss claims as separate damages and in support of consequential damages, in denying admission of expert opinion as to future profitability beyond 1995, and in refusing to charge on mitigation of damages. We do not agree and affirm the judgment of the trial court.

On the date of taking on October 14, 1993, Arnold had an office on the subject property in Mableton; however, in November of 1990, he moved this office to Austell. But the Austell office proved to be a poor business location; therefore, he re-opened the Mableton office in 1992. From January 1992 until March 1994, Arnold operated at both Mableton and Austell. After the taking and beginning of construction, Arnold consolidated all his business at one new location in Mableton in 1994.

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