Carrigan v. Fiscal Court of Fulton County

Opinion op the Court by

Judge Cammack

Reversing.

The principal question involved in this case is whether or not Chapter 183 of the Acts of 1940, Sections 4302a-2 to 4302a-12, inclusive, of the Statutes Supplement 1941, should be construed as giving to fiscal courts the power to open and establish public roads and to institute condemnation proceedings to acquire land for such purposes, or only to give them the power to institute condemnation proceedings once a road has been opened and established by the county court.

Prior to the adoption of the 1940 Act, the Statutes provided the methods for…