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Seckman v. Georgia Power Company

SECKMAN Et Al. v. GEORGIA POWER COMPANY

Seckman v. Ga. Power Co., 270 S.E.2d 328 (Ga. Ct. App. 1980)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
June 27, 1980
Docket
No. 59722
Judges
Sognier, Deen, Birdsong
Citations
270 S.E.2d 328155 Ga. App. 2041980 Ga. App. LEXIS 2527
Cited by 6 1 descriptions by later courts

Opinion — Sognier

Sognier, Judge.

Georgia Power Company brought an action to condemn a portion of two tracts of land owned by the appellant condemnees. The two tracts (we will call them A and B) are separated by a 150 foot right of way owned by the condemnor which has a high voltage transmission line located thereon. Condemnor acquired this 150 foot right of way on April 9, 1970 from Leroy Smith in fee simple;

*205 condemnees acquired tracts A and B on July 15,1971, the northerly tract (A) being acquired from Leroy Smith, the other (B) from Bena A. Hammer. Thereafter, Georgia Power Company granted the condemnees an easement across the 150 foot right of way, which gave them the right to maintain a road between their two tracts.

Argued April 7, 1980 Decided June 27, 1980 Rehearing denied July 8, 1980 The tried court refused to allow the condemnees to treat tracts A and B as contiguous for purposes of assessing consequential damages. The condemnees argue that a taking of a portion from tract A should give rise to consequential damages to the uncondemned property of tract B. The condemnees claim the court erred: (1) in granting a motion of the condemnor that condemnees be prevented from offering evidence of consequential damages to both tracts of condemnees’ remaining property caused by the taking of a portion of both of the condemned tracts; (2) in charging the jury that they were to consider the two tracts of land as two separate condemnation proceedings even though brought in the same action, and to consider the consequential damages arising from their condemnation separately and distinctly; and (3) in charging the jury that they could not consider consequential damages arising to condemnees’ remaining property on one side of the 150 foot existing power line as a result of the taking of land on the other side.

The enumerations may be treated together. Tracts A and B were not contiguous. The word contiguous when applied to ownership of land means “to touch,” as where tracts of land corner one another.

Morris v. Gibson, 35 Ga. App. 689 ( 134 SE 796 ) (1926). The most that can be said is that the two tracts here were capable of being reached by a road running from one to the other over the easement granted to condemnees by Georgia Power. Since the tracts were not contiguous, the consideration of consequential damages was correctly limited to the remainder of tract A and tract B individually, rather than considering the remainder of the two tracts together.

Dept. of Transportation v. Simon, 151 Ga. App. 807, 810 ( 261 SE2d 710 ) (1979);

Southwire Co. v. Dept. of Transportation, 147 Ga. App. 606, 608 ( 249 SE2d 650 ) (1978);

Ga. Power Co. v. Bray, 232 Ga. 558, 560 ( 207 SE2d 442 ) (1974);

Gaines v. City of Calhoun, 42 Ga. App. 89 ( 155 SE 214 ) (1930). Hence, the court’s charge and the exclusion of evidence as to consequential damages to both tracts together was correct. Accordingly, appellants’ enumerations of error are without merit.

Judgment affirmed.

Deen, C. J., and Birdsong, J., concur.

*206 Morgan M. Robertson, for appellants.

Wallace Miller, Jr., Lee Hutcheson, Russell L. Adkins, Jr., for appellee.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 6 cases

View all citing references →
1983: 11990: 11991: 11992: 21997: 119832026peak 1992 · 2

Relies on it most ⓘ

  1. Macon-Bibb County Water & Sewerage Authority v. Reynolds299 S.E.2d 592 (Ga. Ct. App. 1983)
  2. Franklin County v. Ayers493 S.E.2d 28 (Ga. Ct. App. 1997)
  3. Route 4 Associates v. Town of Sherburne Planning Commission578 A.2d 112 (Vt. 1990)
  4. Sebree v. Board of County Commissioners840 P.2d 1125 (Kan. 1992)
  5. Electrical Workers Home Ass'n of Atlanta, Inc. v. Department of Transportation401 S.E.2d 347 (Ga. Ct. App. 1991)
  6. In re Apportionment of Clinton County-1991483 N.W.2d 448 (Mich. Ct. App. 1992)

Most recent

  1. Franklin County v. Ayers493 S.E.2d 28 (Ga. Ct. App. 1997)
  2. Sebree v. Board of County Commissioners840 P.2d 1125 (Kan. 1992)
  3. In re Apportionment of Clinton County-1991483 N.W.2d 448 (Mich. Ct. App. 1992)
  4. Electrical Workers Home Ass'n of Atlanta, Inc. v. Department of Transportation401 S.E.2d 347 (Ga. Ct. App. 1991)
  5. Route 4 Associates v. Town of Sherburne Planning Commission578 A.2d 112 (Vt. 1990)
  6. Macon-Bibb County Water & Sewerage Authority v. Reynolds299 S.E.2d 592 (Ga. Ct. App. 1983)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
Ga. Power Co. v. Bray, 207 S.E.2d 442 (Ga. 1974) 19
Dep't of Transp. v. Simon, 261 S.E.2d 710 (Ga. Ct. App. 1979) 18
Southwire Co. v. Dep't of Transp., 249 S.E.2d 650 (Ga. Ct. App. 1978) 13
Morris v. Gibson, 134 S.E. 796 (Ga. Ct. App. 1926) 9
Gaines v. City of Calhoun, 155 S.E. 214 (Ga. Ct. App. 1930) 7

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