Savannah, Florida & Western Railway Co. v. Mayor of Savannah
Supreme Court of Georgia
Petition for injunction. Before Judge Fallisant. Chatham county. April 5, 1895. The municipal authorities of Savannah proceeded, under the city charter (Code, §4849), to extend several of the streets of the city over the right of way and railroad tracks of the railway company; and on October 10, 1894, adopted by resolution the report of five freeholders appointed in February before, to assess the ■damage which would be sustained by the company by reason of said extension.
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Petition for injunction. Before Judge Fallisant. Chatham county. April 5, 1895. The municipal authorities of Savannah proceeded, under the city charter (Code, §4849), to extend several of the streets of the city over the right of way and railroad tracks of the railway company; and on October 10, 1894, adopted by resolution the report of five freeholders appointed in February before, to assess the ■damage which would be sustained by the company by reason of said extension. On October 17, the company brought its petition to restrain further proceeding to •condemn its property. The petition…
1Opinion of the Court
Lumpkin, Justice.
All the authorities agree that, in the exercise of the power of eminent domain, the owner of property taken •or damaged for public uses is entitled to be heard upon the question of compensation; and in order that this right may be made available, he must be given such notice as will afford him a reasonable opportunity to be heard. As to this, there is no contrariety of judicial •opinion. Many differences of opinion have arisen, however, as to the constitutionality of statutes, including city charters, which authorize condemnation proceedings without at the same time providing…
2Cited by8 opinions
- Bennett v. WheatleySupreme Court of Georgia · 1922
- People v. BroadCalifornia Supreme Court · 1932
- Coleman v. GlennSupreme Court of Georgia · 1898
- Shippen Bros. Lumber Co. v. ElliottSupreme Court of Georgia · 1910
- Hardin v. ReynoldsSupreme Court of Georgia · 1939
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