Clayton County v. Georgia Power Company

McMlLLIAN, Judge.

The sole issue presented by this appeal is whether Georgia Power Company (“Georgia Power”) was entitled to compensation from appellant Clayton County (“County”) for the expenses Georgia Power incurred in relocating electrical lines and supporting structures, which was made necessary by a County road widening project. The trial court found that a 1929 franchise agreement did not apply and ordered compensation for the taking. As more fully set forth below, we now affirm.

The facts are essentially undisputed. In 1947 and 1950, Georgia Power acquired certain easements from private…