Tender of award to owner not condition precedent to condemnor's appeal.

- Tender of the amount of the award of the assessors to the apparent or ostensible owner of the land involved is not a condition precedent to the condemnor's right to enter an appeal to a jury, when the amount of the award has been paid into the registry of the court within the time provided by law for the filing of an appeal. State Hwy. Dep't v. Taylor, 216 Ga. 90, 115 S.E.2d 188 (1960).

Where real estate has been damaged by abutting street improvement made by city, the owner cannot recover any damage for an alleged decrease in the market value of the property where, by reason of the enhanced value of the property by virtue of the improvement, the market value of the property has not been decreased. Stansell & Rape Bros. v. City of McDonough, 50 Ga. App. 234, 177 S.E. 749 (1934).

Evidence of benefit to business from paving of street held admissible.

- Competent evidence as to any improvement in or benefit to the business of certain property owners, conducted upon their city property, contiguous to and fronting on a street resulting from the paving of the street by the city, would be admissible in a suit brought by the property owners against the city for damage to their property, as tending to show that petitioners' property has been enhanced in value by reason of such public improvement, in order to set off the damages claimed by the petitioners. Stansell & Rape Bros. v. City of McDonough, 50 Ga. App. 234, 177 S.E. 749 (1934).

The fact that other property, similarly situated, abutting upon the street paved, was also enhanced in value and received benefits from this improvement, is admissible to show in a general way that plaintiffs' property was also enhanced in value and received benefits from such paving. Stansell & Rape Bros. v. City of McDonough, 50 Ga. App. 234, 177 S.E. 749 (1934).

Cited in State Hwy. Dep't v. H.G. Hastings Co., 187 Ga. 204, 199 S.E. 793 (1938); United States v. A Certain Tract or Parcel of Land, 47 F. Supp. 30 (S.D. Ga. 1942); State Hwy. Dep't v. Peavy, 204 Ga. 99, 48 S.E.2d 726 (1948); Wilson v. State Hwy. Dep't, 85 Ga. App. 907, 70 S.E.2d 535 (1952); Golfland, Inc. v. Thomas, 107 Ga. App. 563, 130 S.E.2d 757 (1963); Alexander v. Rozetta, 110 Ga. App. 660, 139 S.E.2d 451 (1964); Fourth Nat'l Bank v. Grant, 140 Ga. App. 78, 230 S.E.2d 60 (1976); DOT v. Garrett, 154 Ga. App. 104, 267 S.E.2d 643 (1980); McDaniel v. DOT, 200 Ga. App. 674, 409 S.E.2d 552 (1991).

Am. Jur. 2d.

- 27 Am. Jur. 2d, Eminent Domain, §§ 446, 447, 452.

9A Am. Jur. Pleading and Practice Forms, Eminent Domain, § 91.

C.J.S.

- 30 C.J.S., Eminent Domain, §§ 306-318.

ALR.

- Quotient condemnation report or award by commissioners or the like, 39 A.L.R.2d 1208.