Date: 02-14-2009

Case Style: Georgia Power Company v. Glade Farms LLC

Case Number:

Judge:

Court: Superior Court, Hall County, Georgia

Plaintiff's Attorney: Doug Henderson, Troutman Sanders LLP, Atlanta, Georgia

Defendant's Attorney: Michael Terry, Bondurant, Mixson & Elmore, LLP, Atlanta, Georgia

Description: Georgia Power Company sued Glade Farms, LLC on an eminent domain theory seeking to acquire by condemnation 109 acres of right-of-way for a three mile long stretch of power lines that it want to construct on undeveloped land in North Hall County Georgia. Georgia Power offered Glade Farms $3.9 million for the right-of-way but Glade Farms wanted $10 million to $18 million. he property is owned by the Goess-Saurau family of Austria and is the largest contiguous tract of undeveloped land in Hall County. A 800-acre portion of the property was sold to Hall County in 2001 for a planned reservoir that could yield 6.4 million gallons per day. The power transmission lines Georgia Power is planning to install are the biggest the company makes, supported by more than 20 steel towers standing 110 feet tall. The property was zoned for commercial and residential development.

Glade Farms claimed that the highest and best use of the property was commercial and residential and not undeveloped land, the current use.

Outcome: Defendant's verdict for $6.1 million.

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Note: Many juries in many condemnation case resort to the wisdom of Soloman when deliberating condemnation cases. This appears to be such a case. Georgia Power wanted to pay $3.9 million for the right-of-way and Glade Farms wanted $10 million. On the split, Georgia Power won this case but Glade Farms got another $2 million for the trouble of hiring a lawyer and going to court. It has been said that the highest and best us of real estate is condemnation.