Owens v. State Highway Department

Eberhardt, Judge.

The Act providing for the “quick taking” of land for road purposes under a declaration of taking provides (Code Ann. § 36-1303) that the condemnee may petition the superior court to vacate, set aside and annul the declaration for: (a) fraud or bad faith, as contemplated under Code § 37-709, (b) improper use of the powers provided under the Act, (c) abuse or misuse of the powers, or such other questions as may be raised under Code § 36-1308, i.e., questions of law arising upon the pleadings after the filing of the declaration of taking.

The determination as to necessity for the…