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Lawskills.com Georgia Caselaw
POTTS, Executrix v. STATE HIGHWAY DEPARTMENT.
44314.
DEEN, Judge.
Condemnation of land. Coweta Superior Court. Before Judge Knight.
Ga. S. & F. R. Co., 90 Ga. 56, 60 (15 SE 637), where it is said: "This easement is property in constitutional intent and is subject to taking just as the land itself."
However, in Klumok v. State Hwy. Dept., 119 Ga. App. 505 (167 SE2d 722), this court held that "this loss of access rights is merely an element of consequential damages to those portions of his land which are not taken." Under this ruling it was not error for the court to disallow evidence as to the value of the loss of access to Interstate Highway 85 as an element of damage not included within the term consequential damages.
Arthur K. Bolton, Attorney General, Richard L. Chambers, John H. Hicks, Assistant Attorneys General, Sanders, Mottola & Haugen, Charles Van S. Mottola, for appellee.
Glover & Davis, J. L. Glover, Welborn B. Davis, Jr., for appellant.
ARGUED MARCH 4, 1969 -- DECIDED JULY 15, 1969 -- REHEARING DENIED JULY 29, 1969 -- CERT. APPLIED FOR.
Friday May 22 17:56 EDT


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