Legal Opinion

Department of Transportation v. Hardin

Supreme Court of Georgia

Decided November 8, 1973No. 28311PublishedCited by 9 opinions

1Opinion of the Court

Mobley, Chief Justice.

The Department of Transportation, condemnor, appeals from the grant of the condemnees’ motions to strike certain pleadings, to delay possession, and for summary judgment. Certificate for immediate review was signed by the trial judge.

The condemnor brought proceedings under Ga. L. 1955, pp. 559-564 (Code Ann. Ch. 95-17A) to take described property for a limited access highway. It was alleged in paragraph 3 of the petition that the highway being a limited access highway, there is no necessity of condemning rights of access to the highway except at points where the limited…

2Cases cited4 opinions

  1. Barham v. GrantSupreme Court of Georgia · 1938
  2. State Highway Board v. BaxterSupreme Court of Georgia · 1928
  3. State Highway Department v. LumpkinSupreme Court of Georgia · 1966
  4. Lumpkin v. State Highway DepartmentCourt of Appeals of Georgia · 1966

3Cited by9 opinions

  1. Aycock v. CalkCourt of Appeals of Georgia · 1997
  2. Department of Transportation v. KatzCourt of Appeals of Georgia · 1983
  3. Hall v. State Ex Rel. South Dakota Department of TransportationSouth Dakota Supreme Court · 2011
  4. Morehead v. State Dept. of RoadsNebraska Supreme Court · 1975
  5. State Highway Department v. KinseyCourt of Appeals of Georgia · 1974

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