14.030 Condemnation; Burden of Proof | Pdf Doc Docx | Georgia_JI

 Condemnation 
14.030 Condemnation; Burden of Proof | Pdf Doc Docx | Georgia_JI

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14.030 Condemnation; Burden of Proof

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14.030 Condemnation; Burden of Proof The law puts the burden of proof upon the condemnor to prove by a preponderance of evidence what amount of money constitutes just and adequate compensation for the property taken. While the burden of proof is upon the condemning authority, the owner of the property is also allowed to offer evidence upon the issues involved, and you must determine the issues in the case by the preponderance of the evidence as you find it to be. O.C.G.A. §24-4-1 Streyer v. Georgia Southern & Florida Railroad Co., 90 Ga. 56 (1892) Andrus v. State Highway Department, 93 Ga. App. 827, 828 (1956) State Highway Board of Ga. v. Shierling, 51 Ga. App. 935 (1935) Georgia Power Co. v. McCrea, 46 Ga. App. 279 (1933) Georgia Power Co. v. Smith, 94 Ga. App. 166 (1956); cited to note "burden of proof" following O.C.G.A. §22-2-80

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