Southern Railway Co. v. State Highway Department

Candler, Justice.

This litigation arose when the State Highway Department, acting for and in behalf of the State of Georgia, filed a proceeding in rem under Ch. 36-11 of the Code to condemn and thus acquire absolute title to a described strip of land in Jackson County for the purpose of widening and reconstructing an existing State-aid road. The area sought to be acquired is located in the City of Commerce and a portion of the Southern Railway Company’s depot is located on a part of it and the petitioner seeks and prays for the right to tear down and remove the remaining part of its depot on…