Condemnation Award Set Aside because of Bad Faith Negotiation Tactics
Gwinnett County Superior Court Judge William Ray has ordered a condemnation of 18 acres of land to be set aside under O.C.G.A. 22-3-161(b) because Georgia Transmission Corporation failed to meet its statutory duty to negotiate in good faith. The Court concluded that the obligation to negotiate in "good faith" when negotiating the terms of an electric transmission line easement required more than simply avoiding bad faith or fraud. The Court found that the taking had to be set aside based on GTC's misrepresentations concerning the extent of floodplane, its use of inappropriate comperable property sales, and threats made to move the transmission line to a more damaging position on the condemnee's property.
Court Order (PDF)
