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14.130 Condemnation; Direct Damages for Property Taken or Used
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Description
14.130 Condemnation; Direct Damages for Property Taken or Used Concerning direct damages for the property taken or used, the "just and adequate" compensation to which the defendant is entitled under the Georgia Constitution has been defined as the actual value of his/her/its loss. The amount of compensation for these direct damages shall never be less than actual value, (Do not give the following charge in parentheses unless evidence supports it.) (that is, the actual value for the direct damages shall never be reduced or offset by any alleged benefits to the remaining property of the defendant.) Ordinarily, actual value is the same as fair market value. Ga. Const. 1983, art. I, sec. III, para. 1 State Highway Dept. v. Robinson, 103 Ga. App. 12 (1961); and cases cited thereto (Note: If there are no consequential damages, skip to 14.150 Condemnation; Fair Market Value.)
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