McARTHUR v. STATE HIGHWAY DEPARTMENT

33904.

85 Ga. App. 500 (1952)

69 S.E.2d 781

McARTHUR et al. v. STATE HIGHWAY DEPARTMENT.

Court of Appeals of Georgia.

Decided February 28, 1952.


Attorney(s) appearing for the Case

A. H. Burtz, Wood & Tallant, for plaintiffs in error.

Butt & Spence, O. L. Foster, contra.


FELTON, J.

There are only two elements of damages to be considered in a condemnation proceeding: first, the market value of the property actually taken; second, the consequential damage that will naturally and proximately arise to the remainder of the owner's property from the taking of the part which is taken and the devoting of it to the purposes for which it is condemned, including its proper maintenance and operation, and the measure of these consequential damages...

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