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ACREE OIL CO. v. DEPARTMENT OF TRANSP.

No. A94A2052.

455 S.E.2d 590 (1995)

216 Ga. App. 586

ACREE OIL COMPANY v. DEPARTMENT OF TRANSPORTATION.

Court of Appeals of Georgia.

Reconsideration Denied March 10, 1995.

Attorney(s) appearing for the Case

Adams, Clifton & Sanders, Alton M. Adams, Toccoa, Stewart, Melvin & House, Frank W. Armstrong III, Gainesville, for appellant.

Michael J. Bowers, Atty. Gen., George P. Shingler, Sr. Asst. Atty. Gen., Hulsey, Oliver & Mahar, Thomas L. Fitzgerald, R. David Syfan, for appellee.

BIRDSONG, Presiding Judge.

Georgia Department of Transportation ("DOT") condemned a right of way for proposed turning lanes at an intersection in Toccoa, Georgia, which took part of the property of a gasoline station owned by condemnee Acree Oil Company. The condemnation was announced in 1988; condemnee's lessee learned the improvements would come within inches of the pump stations, so he moved in 1989. The date of taking was in January 1993. Condemnee contended ...

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