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DEPT. OF TRANS. v. FOREMOST REALTY

50635.

135 Ga. App. 377 (1975)

218 S.E.2d 41

DEPARTMENT OF TRANSPORTATION v. FOREMOST REALTY, INC. et al.

Court of Appeals of Georgia.

Decided June 20, 1975.

Rehearing Denied July 9, 1975.

Attorney(s) appearing for the Case

Mitchell, Mitchell, Coppedge & Boyett, Warren N. Coppedge, Arthur K. Bolton, Attorney General, Marion O. Gordon, Roland F. Matson, Assistant Attorneys General, for appellant.

McCamy, Minor, Phillips & Tuggle, James H. Phillips, for appellees.

CLARK, Judge.

"Where property is taken for a road, the test of the purpose for condemnation is the right of the public to use it rather than the number of persons who may actually use it." Thus spake this court as the third headnote in Department of Transportation v. Livaditis. 129 Ga.App. 358 (199 S.E.2d 573). That principle is determinative...

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