Georgia Public Service Commission v. Central of Georgia Railroad

Birdsong, Chief Judge.

The Supreme Court of Georgia has reversed our decision in this case which appears at 179 Ga. App. 415 (346 SE2d 568), wherein we held that under the plain terms of OCGA § 46-8-121 (and former Code § 94-321), the Georgia Public Service Commission has original approval power of the Railroad’s condemnation of the subject property, and that this approval power is not limited merely to a question of whether the condemnation is for public use. Central of Ga. R. Co. v. Ga. Public Svc. Commission, 257 Ga. 217 (356 SE2d 865).

Accordingly, since under the Supreme Court’s decision,…