14.140 Condemnation; Consequential Damages for Property Not Taken | Pdf Doc Docx | Georgia_JI

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14.140 Condemnation; Consequential Damages for Property Not Taken | Pdf Doc Docx | Georgia_JI

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14.140 Condemnation; Consequential Damages for Property Not Taken

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14.140 Condemnation; Consequential Damages for Property Not Taken Consequential damage to the owner's property not taken is generally determined by figuring the difference between the value of the remaining property immediately before the taking and its value after the taking for a particular proposed improvement. This measure of consequential damages should be made as of the date of taking. Another way of stating the proper measure of consequential damages to the remainder of the owner's property is the decrease, if any, in the fair market value of this remainder in its circumstance just prior to the time of the taking compared with its fair market value in its new circumstance just after the time of the taking. State Highway Dept. v. Howard, 124 Ga. App. 76 (1971) Sumner v. State Highway Dept., 110 Ga. App. 646 (1964) Wright v. MARTA, 248 Ga. 372 (1981)

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