The central issue in this appeal is whether the trial court in a condemnation action erroneously permitted the jury to consider evidence concerning consequential damages. We conclude that this issue was raised by the evidence presented, and we affirm the jury's verdict in favor of the condemnee, Henry Randolph Ayers.

Franklin County filed a petition to condemn a 7.54 acre parcel of land owned by Ayers to expand a landfill adjoining the property. Following a hearing before a special master, Ayers was awarded $21,000 as actual market value of the property and $79,000 as consequential damages to the remaining property. Franklin County appealed this award to superior court. The case proceeded to trial, and the jury awarded Ayers $15,000 as present market value of the property condemned and $67,000 as consequential damages. In four enumerations of error Franklin County contends the trial court erroneously refused to strike the testimony of Ayers's expert concerning consequential damages and erroneously instructed the jury on this issue.

Resolution of these contentions turns on whether the issue of consequential damages was raised by the evidence. In this case, whether the jury was authorized to consider evidence of consequential damages depends on whether the 7.54 acres sought to be condemned was contiguous to other property owned by Ayers. See generally Seckman v. Ga. Power Co., 155 Ga. App. 204, 205 (270 SE2d 328) (1980).

Franklin County contends the 7.54 acre tract was not contiguous to the remainder of Ayers's property and therefore consequential damages were not authorized. "The word contiguous when applied to ownership of land means 'to touch,' as where tracts of land corner one another. [Cit.]" Id. at 205. The evidence was in conflict as to whether the 7.54 acres sought to be condemned "touched" other property owned by Ayers. Two of Franklin County's witnesses, a county commissioner who previously worked as a land surveyor, and the county surveyor both testified that the 7.54 acres did not touch any other property belonging to Ayers. But Ayers testified that the 7.54 acres adjoined the remainder of his property. He stated that "it's always been one piece, one parcel. . . . It all joins." He stated that the 7.54 acres was purchased two years after the remainder of the land and "was all made one tract." We note the testimony of Franklin County's appraiser that, until told otherwise by Franklin County's attorney outside the courtroom, he initially believed that the 7.54 acres touched a portion of property owned by Ayers.

Andrew J. Hill, Jr., Charles D. Strickland, for appellee.