POTTS v. STATE HIGHWAY DEPARTMENT

44314.

120 Ga. App. 164 (1969)

169 S.E.2d 678

POTTS, Executrix v. STATE HIGHWAY DEPARTMENT.

Court of Appeals of Georgia.

Decided July 15, 1969.

Rehearing Denied July 29, 1969.


Attorney(s) appearing for the Case

Glover & Davis, J. L. Glover, Welborn B. Davis, Jr., for appellant.

Arthur K. Bolton, Attorney General, Richard L. Chambers, John H. Hicks, Assistant Attorneys General, Sanders, Mottola & Haugen, Charles Van S. Mottola, for appellee.


DEEN, Judge.

The sole question in this condemnation case, it having been stipulated that consequential damages to the land not taken were exceeded by consequential benefits, is whether the just and adequate compensation awarded the owner by the condemning authority taking land for a nonaccess or limited access highway includes compensation for the taking of the owner's easement of access to the highway being constructed. Appellants rely on State Hwy. Dept. v. Lumpkin...

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