Department of Transportation v. Ross
Department of Transportation v. Ross
Opinion of the Court
This is the second appearance of this case in this court. See D.O.T. v. Ross, 148 Ga. App. 256 (251 SE2d 141). On remand the trial court (pursuant to a reservation of jurisdiction) entered judgment awarding an additional $5,000 for attorney fees incurred by the condemnee subsequent to verdict and judgment. The sole issue in this appeal is the propriety of the judgment awarding additional attorney fees in light of DeKalb County v. Trustees &c. Elks, 242 Ga. 707 (251 SE2d 243), which, in overruling the then prevailing contrary rule, held that attorney fees are no longer an authorized element of just and adequate compensation in eminent domain cases.
In D.O.T. v. Kendricks, 244 Ga. 613 (1979), the Supreme Court addressed an issue which we deem dispositive of this case. There, the Supreme Court held that the right to attorney fees as an element of just and adequate compensation is not a vested right that, by reason of being vested, is immune to impairment by a change in decisional law. Thus, pretermitting whether the asserted right of the condemnee to additional attorney fees for post judgment costs may be an element of just and adequate compensation when an award of attorney fees is otherwise proper, the award of additional attorney fees in this case was not authorized and must be reversed.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.