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ICSC Legal Database - CasesMonday, February 22, 1999 05:04 PM

Case Index:
01466

Citation:
Department of Transp. v. Bridges, 486 S.E.2d 593 (Ga. 1997).

Issue:
Whether a taking of property occurs, with resultant decrease in property value, when the state closes an

intersection thereby causing a property owner to travel a longer route to gain access to a public road?

Facts:
Plaintiff Leon Bridges owns an undeveloped tract of commercial-zoned land. The land abuts Chumley Circle, a

public road, near Chumley’s intersection with Canton Road. Canton Road is also a public road. Bridges

considered Chumley Circle his primary access to Canton Road because his property does not abut any other

public road. The defendant Georgia Department of Transportation (DOT) closed the intersection of Chumley

Road and Canton Road for safety reasons. This closing did not completely sever Bridges’ access to Canton, but

 it lengthened the access trip, forcing Bridges to travel through several side streets. Plaintiff claimed that this

increase in travel time to gain access to Canton affected the value of his property. Bridges commenced an

inverse condemnation action against the DOT. The trial court denied a summary judgment motion by the DOT.

The DOT then filed an interlocutory appeal. The Georgia Court of Appeals affirmed the trial court’s denial of

summary judgment. The DOT then appealed this decision to the Georgia Supreme Court.

Holding:
Reversed. No taking occurred. Landowner rights are of two varieties: “general” and “special.” General rights are

those commonly shared by the public. Special rights are rights particular to the landowner by virtue of the

ownership of the property in question. A taking only occurs if special rights are violated. Here, no special rights

were violated. The inconvenience to Bridges caused by closing the intersection, even if it lowers the commercial

value of his property, does not rise to the level of affecting any special rights regarding the property.

Publication:
Journal

Date:
Fall 1998

Classification 1:
Public Access

Classification 2:

Classification 3:

01466 - Journal - Fall 1998