Atlanta Terra Cotta Co. v. Georgia Railway & Electric Co.
Supreme Court of Georgia
Condemnation — appeal. Before Judge Ellis. Eulton superior court. February 5, 1908. The Georgia Bailway and Electric Company commenced proceedings under the Code of 1895, §§4-657 et seq., to condemn a right of way through a tract of land belonging to the Atlanta Terra Cotta Company. The condemnor gave notice to the landowner, assessors were appointed by each, and a third selected.
Read the full summary
Condemnation — appeal. Before Judge Ellis. Eulton superior court. February 5, 1908. The Georgia Bailway and Electric Company commenced proceedings under the Code of 1895, §§4-657 et seq., to condemn a right of way through a tract of land belonging to the Atlanta Terra Cotta Company. The condemnor gave notice to the landowner, assessors were appointed by each, and a third selected. They awarded as the value of the land to be taken the sum of $4,500, and that there were no consequential damages and no-consequential benefits to the property of the landowner which was. not taken. An appeal was…
1Opinion of the CourtAtkinson, J.
1. The motion to dismiss the proceedings on appeal complained that undep the law the Georgia Eailway &'Electric Company had no authority to exercise the power of eminent domain, or right to condemn and take the land in question, and that there was no necessity for taking such land; and these questions were also argued under certain grounds of the motion for a new trial. In different States of the Union the method of exercising the right of eminent domain is not uniform, and the issues which can be made in such proceedings in the several States may differ. In this State it has been held, that,…
2Cases cited2 opinions
- Piedmont Cotton Mills v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1908
- Atlanta & West Point Railroad v. Atlanta, Birmingham & Atlantic RailroadSupreme Court of Georgia · 1905
3Cited by38 opinions
- United States v. MeyerCourt of Appeals for the Seventh Circuit · 1940
- Sharpe v. Department of TransportationSupreme Court of Georgia · 1996
- Central Georgia Power Co. v. MaysSupreme Court of Georgia · 1911
- United States v. Land in Dry Bed of Rosamond Lake, Cal.District Court, S.D. California · 1956
- Georgia Kaolin Co. v. United StatesCourt of Appeals for the Fifth Circuit · 1954
33 more not listed; retrieve them via the Exa API.