Aiken v

Department of Transp., 171 Ga. App. 154, 319 S.E.2d 58 (1984). Failure to allow impeachment of state appraiser warrants new trial. — Condemnees were entitled to a new trial 32-3-7 in a Georgia Department of Transportation (DOT) condemnation proceeding; the trial court erred in refusing to allow impeachment of the DOT expert with the disparity between the expert’s pretrial estimate of just compensation ( JC) and the higher estimate the expert gave at trial as impeachment might have convinced the jury to award JC closer to the higher JC estimate of the condemnees’ expert. Steele v. DOT, 295 Ga. App. 244, 671 S.E.2d 275 (2008). Condemnor not bound by original estimate upon condemnee’s appeal. — If a condemnee is dissatisfied with the compensation originally estimated by the condemnor and elects to appeal that issue to a jury, the condemnor is not bound by the condemnor’s original estimate but can present evidence de novo as to fair market value and consequential damages. Morrison v. DOT, 166 Ga. App. 144, 303 S.E.2d 501 (1983); Aiken v. Department of Transp., 171 Ga. App. 154, 319 S.E.2d 58 (1984). Right to attorney fees in condemnation proceeding. — Party in condemnation proceeding acquired no vested right in attorney fees awarded to the attorney through the judgment of the trial court. DOT v. Kendricks, 244 Ga. 613, 261 S.E.2d 391 (1979). Cited in DOT v. Lurie, 138 Ga. App. 9, 225 S.E.2d 687 (1976); Coffee v. Atkinson County, 236 Ga. 248, 223 S.E.2d 648 (1976); Morgan v. Department of Transp., 239 Ga. 560, 238 S.E.2d 95 (1977); DOT v. Worley, 150 Ga. App. 768, 258 S.E.2d 595 (1979); DOT v. Harrison, 154 Ga. App. 118, 267 S.E.2d 651 (1980); DOT v. Rudeseal, 156 Ga. App. 712, 276 S.E.2d 52 (1980).