lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
DONEHOO, Executrix v. FULTON COUNTY.
42978.
HALL, Judge.
Condemnation of land. Fulton Superior Court. Before Judge Tanksley.
1. The record does not support the enumeration of error on the exclusion of a provisional subdivision plat.
2. The condemnee argues that the condemnor's evidence was insufficient to prove just and adequate compensation for the property in that all its evidence was of sales of other property in that all its evidence was of sales of other property in that all its evidence was of sales of other property contended to be comparable. The condemnor's witnesses were qualified as expert real estate appraisers and they testified as to their opinions of the value of the land based upon comparable sales of which they had knowledge. This evidence was admissible and sufficient to authorize a verdict. Gulf Refining Co. v. Smith, 164 Ga. 811 (139 SE 716); Powers v. Powers, 213 Ga. 461 (99 SE2d 818); Landrum v. Swann, 8 Ga. App. 209 (68 SE 862).
3. The court ruled out the testimony of two witnesses as to their recent purchases of land on the ground that the lands they purchased were not comparable to the condemnee's 39.63 acres. "It has been stated in numerous court decisions that when the sale price of similar land is offered as evidence of the value of land being condemned, it is within the sound discretion of the trial court to determine whether the other sale in comparable and admissible to throw light on the value of the land being condemned." State Hwy. Dept. v. Rutland, 112 Ga. App. 792, 794 (146 SE2d 544). The evidence offered in this case as to the similarity between the allegedly comparable property that had been recently sold and the condemnor's property did not demand a finding by the trial court that either of those properties was comparable to the property taken. We cannot say that the trial court abused its discretion in excluding evidence of these sales. Ga. Power Co. v. Hendricks, 97 Ga. App. 369, 373 (103 SE2d 601); accord State Hwy. Dept. v. Calhoun, 114 Ga. App. 501 (151 SE2d 806).
John I. Kelley, H. C. Holbrook, for appellant.
SUBMITTED SEPTEMBER 5, 1967 -- DECIDED SEPTEMBER 12, 1967 -- REHEARING DENIED SEPTEMBER 26, 1967.
Friday May 22 19:15 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com