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GA. DEPT. OF TRANSP. v. MEADOW TRACE, INC.

No. S04A1162.

603 S.E.2d 257 (2004)

278 Ga. 423

GEORGIA DEPARTMENT of TRANSPORTATION v. MEADOW TRACE, INC., et al.

Supreme Court of Georgia.

September 27, 2004.

Attorney(s) appearing for the Case

R. David Syfan, Thomas L. Fitzgerald, Hulsey, Oliver & Mahar, LLP, Gainesville, for Appellant.

Frank Armstrong, III, Stewart, Melvin & Frost, LLP, Gainesville, T. Michael Tennant, Alston & Bird, LLP, Tim Carssow, Ian Landgreen, Kilpatrick Stockton, LLP, Atlanta, for Appellee.

CARLEY, Justice.

The Department of Transportation (DOT) filed an in rem proceeding to condemn approximately 15 acres of a larger tract owned by Meadow Trace, Inc. (MTI) and located at the intersection of I-985 and U.S. Highway 129. A question arose as to the extent of the subject property's right of access along its border with Highway 129. This was an important factor in determining just and adequate compensation, because...

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