Georgia Southern & Florida Railway Co. v. City of Warner Robins

Bell, Judge.

The plaintiff in error seriously questions the authority of the City of Warner Robins to take property already dedicated to a public use such as the railroad property which the city is seeking to condemn through this action. However, from our review of the cases it appears clear that a municipality may be given the right to condemn so as to subject previously dedicated property to a second public use. Town of Poulan v. Atlantic C. L. R. Co., 123 Ga. 605 (51 SE 657). This power may be in express terms or it may be implied. For it to be implied it is first necessary that there be…