Legal Opinion
City Council v. Lamar
Court of Appeals of Georgia
Decided November 19, 1927No. 17990PublishedCited by 42 opinions
1Opinion of the CourtJenkins, P. J.
1. Under.tlie constitution of tlie State of Georgia, “private property shall not be taken, or damaged, for public purposes, without just and adequate compensation being first paid.” Civil Code (1910), § 6388. Accordingly, if property is damaged, even by the prudent and proper exercise of a power conferred by statute, the owner is entitled to just compensation in an amount represented by the difference between the market value of the property before and after the procedure taken for public purposes. Mayor &c. of Albany v. Sikes, 94 Ga. 30 (20 S. E. 257, 26 L. R. A. 653, 47 Am. St. R. 132) ;…
2Cases cited16 opinions
- Bacon v. WalkerSupreme Court of Georgia · 1886
- Ford v. FargasonSupreme Court of Georgia · 1904
- Stoddard v. CampbellCourt of Appeals of Georgia · 1921
- Towaliga Falls Power Co. v. SimsCourt of Appeals of Georgia · 1909
- Ford v. FargasonSupreme Court of Georgia · 1904
11 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Thrasher v. City of AtlantaSupreme Court of Georgia · 1934
- Dougherty County v. HornsbySupreme Court of Georgia · 1957
- Warren Company v. DicksonSupreme Court of Georgia · 1938
- G. W. Creel, of the Estate of Mrs. W. D. (Carolyn M.) Creel v. The City of Atlanta, GeorgiaCourt of Appeals for the Fifth Circuit · 1968
- City of Rome v. TurkSupreme Court of Georgia · 1975
37 more not listed; retrieve them via the Exa API.