fair market value standard (Georgia) · Go Syfert
← Georgia issues

fair market value standard in Georgia

8 Georgia opinions name it 2 courts 1980–2016 0 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Housing Authority v. Southern Railway Co.green
ga · 1980 · cited in 3 Georgia opinions naming this issue, 1981–1982
2 sentences

1981Co., 245 Ga. 229, 230 ( 264 SE2d 174 ) (1980), our Supreme Court ruled that “unique property is simply property which must be valued by something other than the fair market value standard,” such as, for example, the cost-less-depreciation or the income methods.

1981Co., 245 Ga. 229, 230 ( 264 SE2d 174 ) (1980), our Supreme Court ruled that “unique property is simply property which must be valued by something other than the fair market value standard,” such as, for example, the cost-less-depreciation or the income methods.

13
Atlanta & West Point Railroad v. Hudsongreen
ga · 1879 · cited in 1 Georgia opinions naming this issue, 2016–2016
1 sentence

2016Moreover, BHV and Furman claim that Georgia case law specifically limits the recovery of animal treatment expenses to an animal’s pre-injury fair market value, citing Atlanta *147 & West Point R. v. Hudson, 62 Ga. 679, 683 (2) (1879) and Southern R.

11
MCI Communications Services, Inc. v. CMES, Inc.green
ga · 2012 · cited in 1 Georgia opinions naming this issue, 2016–2016
2 sentences

2016Generally, in a suit to recover damages to personal property it is a well-established principle that “a plaintiff cannot recover an amount of damages against a tortfeasor greater than the fair market value of the property prior to impairment.” See MCI Communications Svcs. v. CMES, Inc., 291 Ga. 461, 463-464 ( 728 SE2d 649 ) (2012).

2016Generally, in a suit to recover damages to personal property it is a well-established principle that “a plaintiff cannot recover an amount of damages against a tortfeasor greater than the fair market value of the property prior to impairment.” See MCI Communications Svcs. v. CMES, Inc., 291 Ga. 461, 463-464 ( 728 SE2d 649 ) (2012).

11
Conner v. Hartgreen
gactapp · 2001 · cited in 1 Georgia opinions naming this issue, 2012–2012
2 sentences

2012Co., 128 Ga. 434, 437-438 (1) ( 57 SE 692 ) (1907); Conner v. Hart, 252 Ga. App. 92, 94 (1) (a) ( 555 SE2d 783 ) (2001); Pinholster v. McGinnis, 155 Ga. App. 589 (1) ( 271 SE2d 722 ) (1980). “[S]ome injury [or damage] — even if small or nominal — is necessary. [Cit.]” Conner v. Hart, supra. For example, in Hortman v. Cantrell, 173 Ga. App. 429 ( 326 SE2d 779 ) (1985), the Court of Appeals, applying the fair market value rule of computing damages, held that plaintiffs could not recover damages against a contractor who built their house contrary to their specifications because the actual complet

2012Co., 128 Ga. 434, 437-438 (1) ( 57 SE 692 ) (1907); Conner v. Hart, 252 Ga. App. 92, 94 (1) (a) ( 555 SE2d 783 ) (2001); Pinholster v. McGinnis, 155 Ga. App. 589 (1) ( 271 SE2d 722 ) (1980). “[S]ome injury [or damage] — even if small or nominal — is necessary. [Cit.]” Conner v. Hart, supra. For example, in Hortman v. Cantrell, 173 Ga. App. 429 ( 326 SE2d 779 ) (1985), the Court of Appeals, applying the fair market value rule of computing damages, held that plaintiffs could not recover damages against a contractor who built their house contrary to their specifications because the actual complet

11
Parris v. Atlanta, Knoxville & Northern Railway Co.green
ga · 1907 · cited in 1 Georgia opinions naming this issue, 2012–2012
1 sentence

2012Co., 128 Ga. 434, 437-438 (1) ( 57 SE 692 ) (1907); Conner v. Hart, 252 Ga. App. 92, 94 (1) (a) ( 555 SE2d 783 ) (2001); Pinholster v. McGinnis, 155 Ga. App. 589 (1) ( 271 SE2d 722 ) (1980). “[S]ome injury [or damage] — even if small or nominal — is necessary. [Cit.]” Conner v. Hart, supra. For example, in Hortman v. Cantrell, 173 Ga. App. 429 ( 326 SE2d 779 ) (1985), the Court of Appeals, applying the fair market value rule of computing damages, held that plaintiffs could not recover damages against a contractor who built their house contrary to their specifications because the actual complet

11
Downside Risk, Inc. v. Metropolitan Atlanta Rapid Transit Authoritygreen
gactapp · 1983 · cited in 1 Georgia opinions naming this issue, 1984–1984
2 sentences

1984Downside Risk v. MARTA, 168 Ga. App. 202, 204 ( 308 SE2d 547 ) (1983). “[U]ñique property is simply property which must be valued by something other than the fair market value standard.” Housing Auth. of Atlanta v. Sou.

1984Downside Risk v. MARTA, 168 Ga. App. 202, 204 ( 308 SE2d 547 ) (1983). “[U]ñique property is simply property which must be valued by something other than the fair market value standard.” Housing Auth. of Atlanta v. Sou.

11
City of Atlanta v. Williamsgreen
gactapp · 1969 · cited in 1 Georgia opinions naming this issue, 1981–1981
2 sentences

1981Co., supra. "As there was no evidence that fair market value would not give just and adequate compensation to the individual condemnee, the court erred in giving the jury instructions authorizing them to award damages based on the peculiar value of the land to condemnee alone, as distinguished from its market value." City of Atlanta v. Williams, 119 Ga. App. 330, 331 ( 167 SE2d 216 ).

1981Co., supra. "As there was no evidence that fair market value would not give just and adequate compensation to the individual condemnee, the court erred in giving the jury instructions authorizing them to award damages based on the peculiar value of the land to condemnee alone, as distinguished from its market value." City of Atlanta v. Williams, 119 Ga. App. 330, 331 ( 167 SE2d 216 ).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Hortman v. Cantrell green
gactapp · 1985
2 sentences

2012Co., 128 Ga. 434, 437-438 (1) ( 57 SE 692 ) (1907); Conner v. Hart, 252 Ga. App. 92, 94 (1) (a) ( 555 SE2d 783 ) (2001); Pinholster v. McGinnis, 155 Ga. App. 589 (1) ( 271 SE2d 722 ) (1980). “[S]ome injury [or damage] — even if small or nominal — is necessary. [Cit.]” Conner v. Hart, supra. For example, in Hortman v. Cantrell, 173 Ga. App. 429 ( 326 SE2d 779 ) (1985), the Court of Appeals, applying the fair market value rule of computing damages, held that plaintiffs could not recover damages against a contractor who built their house contrary to their specifications because the actual complet

2012Co., 128 Ga. 434, 437-438 (1) ( 57 SE 692 ) (1907); Conner v. Hart, 252 Ga. App. 92, 94 (1) (a) ( 555 SE2d 783 ) (2001); Pinholster v. McGinnis, 155 Ga. App. 589 (1) ( 271 SE2d 722 ) (1980). “[S]ome injury [or damage] — even if small or nominal — is necessary. [Cit.]” Conner v. Hart, supra. For example, in Hortman v. Cantrell, 173 Ga. App. 429 ( 326 SE2d 779 ) (1985), the Court of Appeals, applying the fair market value rule of computing damages, held that plaintiffs could not recover damages against a contractor who built their house contrary to their specifications because the actual complet

12012–2012
Rogers v. McClure green
ga · 1907
1 sentence

2012Co., 128 Ga. 434, 437-438 (1) ( 57 SE 692 ) (1907); Conner v. Hart, 252 Ga. App. 92, 94 (1) (a) ( 555 SE2d 783 ) (2001); Pinholster v. McGinnis, 155 Ga. App. 589 (1) ( 271 SE2d 722 ) (1980). “[S]ome injury [or damage] — even if small or nominal — is necessary. [Cit.]” Conner v. Hart, supra. For example, in Hortman v. Cantrell, 173 Ga. App. 429 ( 326 SE2d 779 ) (1985), the Court of Appeals, applying the fair market value rule of computing damages, held that plaintiffs could not recover damages against a contractor who built their house contrary to their specifications because the actual complet

12012–2012
Pinholster v. McGinnis neutral
gactapp · 1980
2 sentences

2012Co., 128 Ga. 434, 437-438 (1) ( 57 SE 692 ) (1907); Conner v. Hart, 252 Ga. App. 92, 94 (1) (a) ( 555 SE2d 783 ) (2001); Pinholster v. McGinnis, 155 Ga. App. 589 (1) ( 271 SE2d 722 ) (1980). “[S]ome injury [or damage] — even if small or nominal — is necessary. [Cit.]” Conner v. Hart, supra. For example, in Hortman v. Cantrell, 173 Ga. App. 429 ( 326 SE2d 779 ) (1985), the Court of Appeals, applying the fair market value rule of computing damages, held that plaintiffs could not recover damages against a contractor who built their house contrary to their specifications because the actual complet

2012Co., 128 Ga. 434, 437-438 (1) ( 57 SE 692 ) (1907); Conner v. Hart, 252 Ga. App. 92, 94 (1) (a) ( 555 SE2d 783 ) (2001); Pinholster v. McGinnis, 155 Ga. App. 589 (1) ( 271 SE2d 722 ) (1980). “[S]ome injury [or damage] — even if small or nominal — is necessary. [Cit.]” Conner v. Hart, supra. For example, in Hortman v. Cantrell, 173 Ga. App. 429 ( 326 SE2d 779 ) (1985), the Court of Appeals, applying the fair market value rule of computing damages, held that plaintiffs could not recover damages against a contractor who built their house contrary to their specifications because the actual complet

12012–2012
Department of Transportation v. Vest green
gactapp · 1981
2 sentences

1982Dept. of Transp. v. Vest, 160 Ga. App. 368 ( 287 SE2d 85 ) (1981); Housing Auth. &c. of Atlanta v. Sou.

1982Dept. of Transp. v. Vest, 160 Ga. App. 368 ( 287 SE2d 85 ) (1981); Housing Auth. &c. of Atlanta v. Sou.

11982–1982
HOUSING &C. CITY OF ATLANTA v. Troncalli green
gactapp · 1965
2 sentences

1980"Strictly speaking, there are three recognized techniques for determining market value: replacement cost new less depreciation, income, and comparable sales.” Housing Authority of the City of Atlanta v. Troncalli, 111 Ga. App. 515 ( 142 SE2d 93 ) (1965).

1980"Strictly speaking, there are three recognized techniques for determining market value: replacement cost new less depreciation, income, and comparable sales.” Housing Authority of the City of Atlanta v. Troncalli, 111 Ga. App. 515 ( 142 SE2d 93 ) (1965).

11980–1980

Where else courts name it

CA 19 (1965–2021) IL 10 (1966–2026) GA 8 (1980–2016) PA 6 (1971–2016) TX 3 (1991–2004) NJ 3 (1982–1993) NE 3 (1998–2018) MI 3 (1989–2019) OH 3 (2007–2024) NY 2 (1972–1984) UT 2 (2005–2019) IN 2 (1982–1985) VA 2 (1962–1962) WA 2 (2006–2006) AL 2 (2003–2009) MN 2 (1986–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check