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DEPARTMENT OF TRANSPORTATION v. MASSENGALE

53132, 53187.

141 Ga. App. 70 (1977)

232 S.E.2d 608

DEPARTMENT OF TRANSPORTATION v. MASSENGALE et al. MAYS v. DEPARTMENT OF TRANSPORTATION.

Court of Appeals of Georgia.

Decided January 24, 1977.

Attorney(s) appearing for the Case

Oliver & Duckworth, G. Robert Oliver, for Department of Transportation.

Preston L. Holland, for appellees (case no. 53132) and for appellant (case no. 53187).

QUILLIAN, Presiding Judge.

On September 9, 1975, the Department of Transportation filed a condemnation proceeding pursuant to Code Ann. Ch. 95A-6 (Ga. L. 1973, pp. 947-1006 et seq.) against .004 acres of land, Sallie Mae Massengale, and Robert Mays. Massengale was the fee simple owner of the property and Mays had a potential leasehold interest therein. As per Code Ann. § 95A-606 (Ga. L. 1973, pp. 947, 1011), the petition and declaration of taking were personally...

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