Legal Opinion
Benton v. State Highway Department
Court of Appeals of Georgia
Decided May 26, 1965No. 41270PublishedCited by 3 opinions
1Opinion of the Court
Hall, Judge.
The State Highway Department is authorized to use the procedures prescribed by the 1961 Act when it condemns land for State-aid public road purposes in pursuance of any law so authorizing. Code Ann. § 36-1301; State Hwy. Dept. v. Hatcher, 218 Ga. 299 (127 SE2d 803). The law authorizing condemnation for State-aid public road purposes is found in Ga. L. 1919, p. 247 (Code § 95-1701). That Act creates a system of State-aid roads to be designated, constructed, improved and maintained by the State through the State Highway Department. The law authorizes and empowers the State Highway…
2Cases cited14 opinions
- Dohany v. RogersSupreme Court of the United States · 1930
- Brown v. United StatesSupreme Court of the United States · 1923
- Fitzsimons & Galvin, Inc. v. RogersMichigan Supreme Court · 1928
- HOUSING AUTHORITY &C. v. JohnsonSupreme Court of Georgia · 1953
- Luke v. Massachusetts Turnpike AuthorityMassachusetts Supreme Judicial Court · 1958
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3Cited by3 opinions
- Department of Transportation v. LivaditisCourt of Appeals of Georgia · 1973
- City of Atlanta v. Atlanta Gas Light Co.Court of Appeals of Georgia · 1977
- Hinson v. Department of TransportationSupreme Court of Georgia · 1973