HR141.html

Compensating Bobby W. Kirkland and Carolyn Kirkland; and for other purposes.

WHEREAS, Bobby W. Kirkland and Carolyn Kirkland own a farm located six miles north of Alma, Georgia, where U.S. Highway 1 and Georgia Highway 23 split; and

WHEREAS, the Georgia Department of Transportation constructed drainage canals adjacent to U.S. Highway 1 and Georgia Highway 23 where the department has easements; and

WHEREAS, in 1995, Mr. and Mrs. Kirkland planted 29 acres of the farm in blueberries; and

WHEREAS, the Georgia Department of Transportation failed to properly maintain the drainage canals causing water to flood Mr. and Mrs. Kirkland´s blueberry fields; and

WHEREAS, the backup of water drowned nine acres of blueberries on Mr. and Mrs. Kirkland´s farm, and one of the canals remains completely blocked; and

WHEREAS, as a result of this drainage problem, Mr. and Mrs. Kirkland have suffered a loss in blueberry production and a loss in revenues. From calendar years 1998 through 2000, Mr. and Mrs. Kirkland have suffered unreimbursed property losses totaling $31,500.00; and

WHEREAS, such losses occurred through no fault or negligence on the part of Mr. and Mrs. Kirkland, and it is only fitting and proper that they be compensated for their losses.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay to Bobby W. Kirkland and Carolyn Kirkland, jointly, the sum of $31,500.00 as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department of Transportation and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.