FIVE FORKS, L.L.C. v. DEPARTMENT OF TRANSP.

No. A01A0406.

550 S.E.2d 715 (2001)

250 Ga. App. 157

FIVE FORKS, L.L.C. v. DEPARTMENT OF TRANSPORTATION.

Court of Appeals of Georgia.

June 21, 2001.


Attorney(s) appearing for the Case

Peterson & Harris, Jim N. Peterson, Jr., Philip L. Young, Atlanta, for appellant.

Thurbert E. Baker, Atty. Gen., R.O. Lerer, Senior Asst. Atty. Gen., Shaw, Maddox, Graham, Monk & Boling, Daniel M. Roper, Rome, for appellee.


RUFFIN, Judge.

Five Forks, LLC ("Five Forks") held an option to purchase a parcel of land. Over two years after the option expired, the Georgia Department of Transportation ("DOT") filed a petition to condemn the property. In the condemnation proceedings, Five Forks asserted that, based on the purchase option, it had a compensable interest in the property. Finding that the option had expired more than two years before the taking, the trial court granted DOT's motion...

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