Department of Transportation v. Crapps

Summary

The Georgia Court of Appeals affirmed a condemnation award involving the Department of Transportation and Crapps. The court held that the trial court properly refused a requested jury instruction concerning loss of parking space because the evidence did not establish that Crapps used the public right-of-way as a parking lot.

Holdings

1. The trial court properly refused the requested charge because the testimony did not establish that Crapps used the highway right-of-way as a parking lot, and the proposed charge was broader than the evidence warranted.

Questions Presented

1. Whether the trial court erred by refusing DOT's requested jury charge concerning an abutting landowner's lack of entitlement to compensation for loss of parking space on a public highway.

Disposition

affirmed