Southern v. Cobb County

1. “Private property shall not be taken, or damaged, for public purposes, without just and adequate compensation being first paid.” Constitution of 1945, art. I, sec. Ill, par. I (Code, Ann., § 2-301). “Prospective and consequential damages resulting therefrom may also be taken into consideration, if the same are plain and appreciable; and on the other hand, the increase of the value of the land from the proposed public improvement may be considered, but in no case shall the owner be deprived of the actual damages by such estimated increase.” Code, § 36-506. In the instant case the jury…