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STATE HIGHWAY DEPARTMENT v. FUTCH

40719.

109 Ga. App. 741 (1964)

137 S.E.2d 350

STATE HIGHWAY DEPARTMENT v. FUTCH et al.

Court of Appeals of Georgia.

Rehearing Denied June 1, 1964.

Attorney(s) appearing for the Case

Eugene Cook, Attorney General, Richard L. Chambers, Paul Miller, E. J. Summerour, Assistant Attorneys General, J. Lundie Smith, Asa D. Kelley, Jr., Deputy Assistant Attorneys General, S. B. McCall, for plaintiff in error.

Hugh D. Wright, Edward Parrish, contra.

EBERHARDT, Judge.

1. In a condemnation case, the court is not authorized to charge that the jury may consider other potential uses to which the land taken could be put unless there is either evidence of other possible uses of the land or evidence from which the jury could infer some reasonable probability that the land could be used for other purposes. State Hwy. Dept. v. Whitehurst, 109 Ga.App...

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