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DEPARTMENT OF TRANSP. v. FOSTER

No. A03A0060.

586 S.E.2d 64 (2003)

262 Ga. App. 524

DEPARTMENT OF TRANSPORTATION v. FOSTER et al.

Court of Appeals of Georgia.

Reconsideration denied July 29, 2003.

Attorney(s) appearing for the Case

Thurbert E. Baker, Atty. Gen., R.O. Lerer, Senior Asst. Atty. Gen., Power & Futch, Warren R. Power, Jennifer N. Haskins, Anne W. Sapp, for appellant.

Smith, Welch & Brittain, A.J. Welch, Jr., William A. White, McDonough, for appellees.

PHIPPS, Judge.

The Georgia Department of Transportation (DOT) instituted this condemnation proceeding1 to acquire 0.304 acres of a 4.004-acre tract owned by Alfred and Evelyn Foster, so that the road abutting the property could be widened from two to four lanes. Upon filing the declaration of taking, the DOT deposited $17,150 into court as the estimated compensation to be paid for the property. The Superior Court of Henry County thereupon...

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