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STATE HIGHWAY DEPARTMENT v. RUTLAND

41478.

112 Ga. App. 792 (1965)

146 S.E.2d 544

STATE HIGHWAY DEPARTMENT v. RUTLAND.

Court of Appeals of Georgia.

Decided November 30, 1965.

Attorney(s) appearing for the Case

Arthur K. Bolton, Attorney General, Richard L. Chambers, E. J. Summerour, Assistant Attorneys General, S. B. McCall, J. Lundie Smith, Asa D. Kelley, Jr., Deputy Assistant Attorneys General, for plaintiff in error.

HALL, Judge.

The State Highway Department condemned 2.283 acres out of a 150-acre tract of land. After a verdict of $10,850, the condemnor assigns error on the overruling of its motion for new trial. Held:

1. The condemnor assigns error on the following charge of the court: "I charge you that in estimating the value of land when taken for public uses, inquiry may be made as to all legitimate purposes to which the property could be appropriated or used...

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