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RNW Family Partnership LTD v. Department of Transp.

The trial court did not err by refusing to give two of condemnee's requested jury charges because the trial court's charges as a whole substantially covered the principals embodied in the requests.

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Following a jury trial in this condemnation case, the superior court entered a judgment in favor of the condemnee RNW Family Partnership, Ltd. “RNW” in the amount of $109,130. Following the denial of its motion for new trial, RNW appeals, alleging several claims of error. Having reviewed those claims, we find no reversible error and affirm. The record reveals that RNW owned an 198.13-acre tract of land in McDuffie County, Georgia at the corner of Highway 78 and Highway 278. The lot was also referred to as the corner of Harrison Road and Augusta Highway. As part of a project to construct a limited access highway, the Department of Transportation “DOT” filed a petition to condemn 13.022 acres of RNW’s 198.13-acre tract along with certain easement and access rights. The DOT deposited $72,200 into the registry of the court as just compensation for the property. The trial court then entered an order condemning the 13.022 acres.

RNW contested the amount of compensation offered and requested a jury trial. At trial, RNW presented two expert real estate appraisers on the issue of just and adequate compensation. One placed the total just and adequate compensation for the taking at $1,074,500 $144,000 for the taking, $900,500 for damages, and $30,000 for water and sewer for the remainder, and the other valued it at $519,000 $108,000 for the taking and $411,000 for damages. The DOT’s expert valued the taking at $109,124 and concluded that this amount was just and adequate compensation. The jury returned a verdict in favor of RNW in the amount of $109,130.

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