Legal Opinion

State Highway Department v. Hester

Court of Appeals of Georgia

Decided July 8, 1965No. 41335PublishedCited by 3 opinions

1Opinion of the Court

Felton, Chief Judge.

An appeal from the award of assessors in a condemnation proceeding by the State Highway Department under the provisions of Code Ch. 36-11 is available upon like terms and conditions in all respects as those allowed under the provisions of Code Ch. 36-6. Code § 36-1110. Such an appeal is a de novo investigation. Central Ga. Power Co. v. Cornwell, 139 Ga. 1, 6 (3) (76 SE 387, AC 1914A 880). “While, strictly speaking, our condemnation procedure, by appointment of commissioners to appraise the land, is in the nature of an inquest to ascertain its value, and not a suit at law…

2Cases cited23 opinions

  1. Boom Co. v. PattersonSupreme Court of the United States · 1879
  2. Central Georgia Power Co. v. CornwellSupreme Court of Georgia · 1912
  3. Western Union Telegraph Co. v. Western & Atlantic RailroadSupreme Court of Georgia · 1914
  4. Hendrix & McBurney v. MasonSupreme Court of Georgia · 1883
  5. Brooke v. Lowry National BankSupreme Court of Georgia · 1914

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3Cited by3 opinions

  1. DeKalb County v. Jackson-Atlantic Co.Court of Appeals of Georgia · 1971
  2. City of Gainesville v. LogginsCourt of Appeals of Georgia · 1967
  3. Barron v. Department of TransportationCourt of Appeals of Georgia · 1988

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