Legal Opinion

Department of Transportation v. Mixon

Supreme Court of Georgia

Decided October 5, 2021No. S20G1410PublishedCited by 16 opinions

1Opinion of the Court

312 Ga. 548

FINAL COPY S20G1410. DEPARTMENT OF TRANSPORTATION v. MIXON. PETERSON, Justice. The Georgia Constitution provides that, as a general matter, “private property shall not be taken or damaged for public purposes without just and adequate compensation being first paid.” Ga. Const. of 1983, Art. I, Sec. III, Par. I (a) (the “Just Compensation Provision”). This Court has long held that this Provision waives sovereign immunity for inverse condemnation claims seeking monetary compensation.1 In this case, the Court of Appeals relied on that precedent to conclude that the Provision also…

2Cases cited47 opinions

  1. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  2. Elliott v. StateSupreme Court of Georgia · 2019
  3. Georgia Department of Natural Resources v. Center for a Sustainable Coast, Inc.Supreme Court of Georgia · 2014
  4. Lathrop v. DealSupreme Court of Georgia · 2017
  5. Rivera v. WashingtonSupreme Court of Georgia · 2016

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3Cited by16 opinions

  1. Gonzalez v. MillerSupreme Court of Georgia · 2024
  2. Worth County School District v. TibbettsSupreme Court of Georgia · 2024
  3. SATCHER v. COLUMBIA COUNTY (And Vice Versa)Supreme Court of Georgia · 2024
  4. Blue 42 Organics, LLC v. Georgia Department of Public SafetyCourt of Appeals of Georgia · 2025
  5. COLUMBIA COUNTY v. WILLIAM W. SATCHERCourt of Appeals of Georgia · 2023

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