Legal Opinion

Board of Commissioners v. Harris

Supreme Court of Georgia

Decided October 23, 1883PublishedCited by 3 opinions

Roads and Bridges. County matters. Constitutional Law. Eminent domain. Before Judge Simmons. Bibb Superior Court, April Term, 1883. Sparks & Solomon petitioned the county board of commissioners of Bibb county to grant them a private way over the lands of Peter Harris to their brick-yard. Harris objected, but the objections were overruled, and the way granted.

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Roads and Bridges. County matters. Constitutional Law. Eminent domain. Before Judge Simmons. Bibb Superior Court, April Term, 1883. Sparks & Solomon petitioned the county board of commissioners of Bibb county to grant them a private way over the lands of Peter Harris to their brick-yard. Harris objected, but the objections were overruled, and the way granted. He carried the case to the superior court by certiorari, assigning as error, among other things, that the board of commissioners had no jurisdiction to grant such a way, and that no such necessity existed as the constitution…

1Opinion of the Court

Blandrord, Justice.

The question here is as to the power and authority of the county board of commissioners of Bibb county to open a private way over the lands of one man to go to the brickyard of another man, and for his benefit.

The constitution of this state provides, “ In cases of necessity, private ways may be granted upon just compensation being first paid by the applicant.” Code, §5024.

By the act of 1873, 220, the county board of commissioners of Bibb county is clothed with exclusive jurisdiction in “establishing * * all roads * * in conformity to law.” So that, whether this board of…

2Cited by3 opinions

  1. Chattanooga, Rome & Southern Railroad v. PhilpotSupreme Court of Georgia · 1900
  2. Garbutt Lumber Co. v. Georgia & Alabama RailwaySupreme Court of Georgia · 1900
  3. Neal v. NealSupreme Court of Georgia · 1905

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