306 Ga. App. 790
Ga. Ct. App.2010Background
- City of Cumming condemned a portion of property owned by the Martha K. Wayt Trust and the Josephine W. Williams Trust in April 2006 for partial taking.
- A jury determined just and adequate compensation for the condemnation and consequential damages to remaining property.
- Trusts sought to admit Wayt's lay testimony on two issues: bridge construction costs and value of stream mitigation credits.
- Trial court excluded Wayt's bridge-cost testimony for insufficient foundation, based on a single estimate and lack of other data.
- Court of Appeals held lay value opinions may be admissible if foundation and opportunity to form correct opinion are present, but found the Trusts failed to establish sufficient basis for Wayt on both bridge costs and credits; affirmed on independent grounds that credits had no proven effect on market value at the time of taking.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wayt could testify to bridge-cost if foundation was insufficient | Wayt could base cost on county‑provided estimate | Wayt lacked independent basis to form correct opinion | No abuse of discretion; exclusion affirmed |
| Whether Wayt could testify to value of stream mitigation credits | Credits would affect market value | No sufficient opportunity to form opinion | Affirmed on grounds that credits were not shown to affect market value at taking; admissibility not reached |
Key Cases Cited
- Dept. of Transp. v. White, 270 Ga. 281 (1998) (two elements of damage in partial condemnation: market value taken and consequential damage to remainder)
- Gibbs v. Clay, 137 Ga.App. 381 (1976) (lay opinion on value based on facts within witness's knowledge not excluded as hearsay)
- Southeast Timberlands v. Dept. of Transp., 263 Ga.App. 805 (2003) (foundation for value opinions; opportunity to form correct opinion)