City of Elberton v. Hobbs
Supreme Court of Georgia
Injunction. Before Judge Holden. Elbert superior court. November 14, 1904. The City of Elberton served upon the plaintiff a notice of its •desire to condemn the right to use water from Beaver Dam creek for its waterworks and sewerage system, naming an assessor and requesting the naming of one by the plaintiff, these two to name, a third, and the three to meet on the premises and assess the damage to be done to the plaintiff’s property.
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Injunction. Before Judge Holden. Elbert superior court. November 14, 1904. The City of Elberton served upon the plaintiff a notice of its •desire to condemn the right to use water from Beaver Dam creek for its waterworks and sewerage system, naming an assessor and requesting the naming of one by the plaintiff, these two to name, a third, and the three to meet on the premises and assess the damage to be done to the plaintiff’s property. She thereupon petitioned for an injunction to stop the proposed condemnation proceeding, alleging, among other things, that she needs all the water of the…
1Opinion of the CourtFish, P. J.
1. Failure to secure the property by contract, by reason of the inability of the parties to agree .upon the compensation to be paid therefor, is an essential prerequisite to the condemnation of private property for public uses. Civil Code, §§ 4658, 4659.
2. The grant of an interlocutory injunction was not erroneous.
Judgment affirmed.
All the Justices concur. Joseph iV. Worley, for plaintiff in error,
cited Civil Code, § 4686; Acts 1897, p. 34; Acts 1896, p. 151; Ga. R. 115/560; 98/103; 70/614; 77/338.
Dean & Hobbs, contra.
2Cited by10 opinions
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- Bridwell v. Gate City Terminal Co.Supreme Court of Georgia · 1907
- Barber v. Housing Authority of RomeSupreme Court of Georgia · 1939
- Miller v. State Highway DepartmentSupreme Court of Georgia · 1946
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