STATE HIGHWAY DEPARTMENT v. HILLIARD

41557.

112 Ga. App. 498 (1965)

145 S.E.2d 824

STATE HIGHWAY DEPARTMENT v. HILLIARD et al.

Court of Appeals of Georgia.

Decided October 20, 1965.


Attorney(s) appearing for the Case

Arthur K. Bolton, Attorney General, Richard L. Chambers, Assistant Attorney General, Horace E. Campbell, Jr., Deputy Assistant Attorney General, J. Kenneth Royal, for plaintiff in error.

W. Glenn Thomas, Jr., Albert E. Butler, contra.


DEEN, Judge.

1. In this condemnation case the court instructed the jury as follows: "I charge you, gentlemen, that the word `value' as used in the law relating to eminent domain or condemnation in Georgia is a relative term, depending upon the circumstances, and in determining such value, the measure of damages is not necessarily the market value, but may be the fair and reasonable value of the property taken, if you find that the market value would not coincide with...

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