Condemnation Action – Motions in Limine: Kudzu Capital, LLC v. City of Decatur, A23A0374, 2023 WL 3859348 (Ga. Ct. App. June 7, 2023)
We conclude that the price Kudzu paid for the property and the corresponding tax certificate were relevant in determining the adequate compensation for the taking. The evidence showed that in June 2016, Kudzu paid Robinson $336,788.22 for the property. The City also presented the corresponding tax certificate from Kudzu’s 2016 purchase to show that Kudzu paid a total sum of $985,000 for the property, which included the additional money Kudzu paid to Redwater for its involvement in the transaction with Robinson. Kudzu, on the other hand, presented evidence that the fair market value of the property at the time of the taking was $4,300,000. Because the sole issue at trial was the fair market value of the property, which was greatly contested at trial, we conclude that the trial court did not abuse its discretion by admitting this evidence at trial.
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Therefore, pretermitting the determination of the scope of any legal interest Kudzu alleges it had in accessing the West Dearborn Circle right-of-way for ingress and egress, under Chatham County, Burke County I, and Datry, Kudzu could not compel the City to open the right-of-way for any particular vehicular use. In other words, Kudzu’s right to access the right-of-way for ingress and egress did not confer a right to require the City to open the right-of-way for any particular use. Consequently, the trial court did not abuse its discretion by granting the City’s motion in limine.