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GEORGIA DEPT. OF TRANSP. v. JASPER COUNTY

No. 25714.

355 S.C. 631 (2003)

586 S.E.2d 853

GEORGIA DEPARTMENT OF TRANSPORTATION, an agency of the State of Georgia, Appellant, v. JASPER COUNTY, South Carolina, Respondent.

Supreme Court of South Carolina.

Decided September 15, 2003.

Attorney(s) appearing for the Case

Richard D. Bybee, of Smith, Bundy, Bybee & Barnett, of Mt. Pleasant; Matthew E. Cline, of Atlanta, GA; and David G. Pagliarini, of Daniel Island, for appellant.

Gedney M. Howe, III, of Charleston; Darrell Thomas Johnson, Jr., of Hardeeville; and Stephen A. Spitz, of Columbia, for respondent.

Justice MOORE:

Appellant Georgia Department of Transportation (GDOT) commenced this action under S.C.Code Ann. § 28-2-470 (1991) challenging respondent Jasper County's (County's) notice of intent to condemn 1,776 acres of undeveloped land owned by GDOT on the Savannah River. The trial court found GDOT's challenge without merit. We reverse.

FACTS

The property to be condemned is presently used by GDOT to facilitate dredging activities in the Savannah...

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