Legal Opinion
R. E. Adams Properties, Inc. v. City of Gainesville
Court of Appeals of Georgia
Decided March 17, 1972No. 47006PublishedCited by 10 opinions
1Opinion of the Court
Deen, Judge.
1. It appears that the basis of the trial court’s ruling in this case is that the "taking” occurs where there is an interference with rights of ownership resulting in damage to the owner rather than the date on which the governing authority effects a legal seizure of the property.
This ruling is incorrect because in conflict with Housing Authority of the City of Decatur v. Schroeder, 222 Ga. 417 (151 SE2d 226), reversing Housing Authority of the City of Decatur v. Schroeder, 113 Ga. App. 432 (148 SE2d 188) in which the Court of Appeals had adopted the same view here propounded by…
2Cases cited13 opinions
- Bowers v. Fulton CountySupreme Court of Georgia · 1966
- Woodside v. City of AtlantaSupreme Court of Georgia · 1958
- Hard v. Housing Authority of AtlantaSupreme Court of Georgia · 1963
- Gate City Terminal Co. v. ThrowerSupreme Court of Georgia · 1911
- Housing Authority v. SchroederSupreme Court of Georgia · 1966
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3Cited by10 opinions
- Wright v. Metropolitan Atlanta Rapid Transit AuthoritySupreme Court of Georgia · 1981
- Threatt v. Forsyth CountyCourt of Appeals of Georgia · 2001
- Department of Transportation v. PooleCourt of Appeals of Georgia · 1986
- Glynn County v. VictorCourt of Appeals of Georgia · 1977
- Duke University v. StainbackCourt of Appeals of North Carolina · 1987
5 more not listed; retrieve them via the Exa API.