STATE HWY. DEPT. v. HOLLYWOOD &c. CHURCH

41430.

112 Ga. App. 857 (1965)

146 S.E.2d 570

STATE HIGHWAY DEPARTMENT v. HOLLYWOOD BAPTIST CHURCH OF ROME.

Court of Appeals of Georgia.

Decided December 17, 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, Robert G. Walther, for plaintiff in error.

Clower & Royal, Robert L. Royal, contra.


FRANKUM, Judge.

1. The first special ground complains of the following portion of the charge: "While market value is the general yardstick in a condemnation proceeding, there may be circumstances in which market value and actual value are not the same, and, in such event, the jury may consider the actual value of the property therein appropriated in determining just and adequate compensation. In determining just and adequate compensation, under the constitutional...

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