Thompson v. Dep't of Transp., 433 S.E.2d 623 (Ga. Ct. App. 1993). · Go Syfert
Thompson v. Dep't of Transp., 433 S.E.2d 623 (Ga. Ct. App. 1993). Cases Citing This Book View Copy Cite
15 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: Emanuel Tractor Sales, Inc. v. Department of Transportation (gactapp, 2002-08-02)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Emanuel Tractor Sales, Inc. v. Department of Transportation
Ga. Ct. App. · 2002 · confidence medium
Simply stated, the rule is this: “Alleged losses or diminution in the fair market value of property attributable to an anticipated condemnation are not compensable elements of damage or a taking resulting from the exercise of eminent domain authority.” (Citations omitted.) Thompson v. Dept. of Transp., 209 Ga. App. 353, 354 (1) ( 433 SE2d 623 ) (1993).
discussed Cited as authority (rule) Golden Plaza, L.L.C. v. Augusta-Richmond County (2×)
Ga. Ct. App. · 1997 · confidence medium
After conducting a hearing, the court dismissed the complaint oi the following grounds: (1) plaintiff lacks standing to pursue its claim for injunctive and declaratory relief because it no longer has an; ownership interest in the subject property; (2) plaintiff’s claims fo: damages and attorney fees cannot be maintained under Thompson v. Dept. of Transp., 209 Ga. App. 353, 354 (1) ( 433 SE2d 623 ) (1993) which holds that alleged losses attributable to an anticipated con demnation are not compensable elements of damage under Georgia law regardless of whether the claim is styled as a direct or…
cited Cited as authority (rule) Bontwell v. Department of Corrections
Ga. Ct. App. · 1997 · confidence medium
Svcs., 260 Ga. 690, 698 (4), supra. See also Thompson v. Dept. of Transp., 209 Ga. App. 353, 354 (2) ( 433 SE2d 623 ).
cited Cited as authority (rule) McBride v. Board of Corrections
Ga. Ct. App. · 1996 · confidence medium
(Cit.)’ Will v. Michigan Dept. of State Police, supra at 70.” Thompson v. Dept. of Transp., 209 Ga. App. 353, 354 (2) ( 433 SE2d 623 ).
discussed Cited as authority (rule) Mosier v. State Board of Pardons & Paroles
Ga. Ct. App. · 1994 · confidence medium
We cannot conclude that § 1983 was intended to disregard the well-established immunity of a State from being sued without its consent.’ Will v. Mich. Dept. of State Police, 491 U. S. 58, 67 (109 SC 2304, 105 LE2d 45) (1989).” State Bd. of Ed. v. Drury, 263 Ga. 429, 433-434 ( 437 SE2d 290 ) (1993); Thompson v. Dept. of Transp., 209 Ga. App. 353, 354 ( 433 SE2d 623 ) (1993). “[N] either a State nor its officials acting in their official capacities are *548 ‘persons’ under § 1983.” Will, supra at 71 .
discussed Cited "see, e.g." UCS DIALS MILL ROAD, LLC v. DEPARTMENT OF TRANSPORTATION (2×)
Ga. Ct. App. · 2026 · signal: see also · confidence medium
See also Thompson v. Dep’t of Transp., 209 Ga. App. 353, 354 (1) ( 433 SE2d 623 ) (1993) (explaining alleged losses in the fair market value of property attributable to an anticipated condemnation are not compensable elements of damage or a taking resulting from the exercise of eminent domain authority). 14 See Bonnett, 257 Ga. at 190 (1) (holding plaintiff’s inverse-condemnation claim had yet to arise because the DOT highway plan, even if inevitable, had not yet begun); Josh Cabaret, Inc., 256 Ga. at 749–50(1)–(5) (determining that a compensable taking had not yet occurred, despite di…
discussed Cited "see, e.g." Five Forks, LLC v. Department of Transportation (2×)
Ga. Ct. App. · 2001 · signal: see also · confidence low
See also Thompson v. Dept. of Transp., 209 Ga. App. 353 (1) ( 433 SE2d 623 ) (1993) (withdrawn offer to purchase property based on anticipated condemnation did not give rise to compensable loss); Collins v. MARTA, 163 Ga. App. 168, 170 (6) ( 291 SE2d 742 ) (1982) (landowner who was unable to rent houses on his property due to anticipated condemnation did not suffer compensable loss). 5 Shealy v. Unified Govt. of Athens-Clarke County, 244 Ga. App. 853, 855 ( 537 SE2d 105 ) (2000).
Retrieving the full opinion text from the archive…
Thompson
v.
Department of Transportation
A93A0475.
Court of Appeals of Georgia.
Jun 18, 1993.
433 S.E.2d 623
Chamberlain, Hrdlicka, White, Johnson & Williams, Richard N. Hubert, for appellant., Michael J. Bowers, Attorney General, George P. Shingler, Senior Assistant Attorney General, Cathy A. Cox-Brakefield, Assistant Attorney General, for appellee.
Smith, Johnson, Blackburn.
Cited by 6 opinions  |  Published
Smith, Judge.

Appellant-plaintiff Thompson owns a Mrs. Winner’s restaurant.[*354] After public dissemination of a proposal by which appellee-defendant Department of Transportation (DOT) would make improvements to public streets adjoining Thompson’s business, a purchaser of that business withdrew the offer to buy. It is undisputed that the proposed street improvements are still in the planning and development stage. No direct condemnation or notice of condemnation has ever been filed by DOT. Unable to sell his business, Thompson brought this action for damages, alleging inverse condemnation and a civil rights claim under 42 USC § 1983. DOT moved for summary judgment as to each theory of liability. This motion was granted by the trial court and Thompson appeals.

1. Alleged losses or diminution in the fair market value of property attributable to an anticipated condemnation are not compensable elements of damage or a taking resulting from the exercise of eminent domain authority, regardless of whether the claim is styled as a direct or inverse condemnation. Josh Cabaret, Inc. v. Dept. of Transp., 256 Ga. 749 (3), 750 (5) (353 SE2d 346) (1987). See also Housing Auth. &c. of Decatur v. Schroeder, 222 Ga. 417 (151 SE2d 226) (1966). Such pre-condemnation publicity losses are the only basis for a claim for money damages in this suit. Moreover, DOT is not permitted to acquire property interests for future road building until the Secretary of Transportation of the United States has approved in advance all of the necessary funding. OCGA § 32-3-1 (c) (1). The trial court correctly granted DOT’s motion for summary judgment as to Thompson’s claim sounding in inverse condemnation.

2. “A State is not a person within the meaning of [42 USC] § 1983. ... In common usage, the term ‘person’ does not include the sovereign, and statutes employing the word are ordinarily construed to exclude it.” (Citations and punctuation omitted.) Will v. Michigan Dept. of State Police, 491 U. S. 58, 64 (109 SC 2304, 105 LE2d 45) (1989). The Eleventh Amendment bars a § 1983 action against “States or governmental entities that are considered ‘arms of the State,’ for Eleventh Amendment purposes. [Cit.]” Will v. Michigan Dept. of State Police, supra at 70. “The right of eminent domain is a sovereign right of the State. It is inherent in every sovereignty. . . . [T]he legislature . . . may confer the power upon agencies.” Chestatee Pyrites Co. v. Cavenders Creek Gold Mining Co., 119 Ga. 354, 355 (1) (46 SE 422) (1904).

Pursuant to OCGA § 32-2-2 (a) (8), the legislature has delegated to DOT the authority to exercise the right and power of eminent domain for public road and transportation purposes. It follows that DOT is an “arm of the State” for eminent domain purposes, and the trial court correctly held that an action brought against DOT under 42 USC § 1983 could not be maintained for losses occasioned by precondemnation publicity. The grant of summary judgment was correct.[*355] Amdahl Corp. v. Dept. of Admin. Svcs., 260 Ga. 690, 698 (4) (398 SE2d 540) (1990).

Decided June 18, 1993 — Reconsideration denied July 8, 1993 — Chamberlain, Hrdlicka, White, Johnson & Williams, Richard N. Hubert, for appellant. Michael J. Bowers, Attorney General, George P. Shingler, Senior Assistant Attorney General, Cathy A. Cox-Brakefield, Assistant Attorney General, for appellee.

Judgment affirmed.

Johnson and Blackburn, JJ., concur.