Legal Opinion
State Highway Department v. Respess
Court of Appeals of Georgia
Decided June 8, 1965No. 41099PublishedCited by 7 opinions
1Opinion of the Court
Bell, Presiding Judge.
The condemnee’s complaints, as gathered from the allegations of his pleading to vacate the declaration of taking, are (1) that the proceeding to condemn his property under Code Ann. Ch. 36-13 is in violation of his rights under Art. I, Sec. Ill, Par. I of the Constitution of 1945, which prohibits the taking or damaging of private property for public purposes without just and adequate compensation being first paid; (2) that the proceeding under Code Ann. Ch. 36-13 denies the condemnee the equal protection of the laws guaranteed by the Fourteenth Amendment of the…
2Cases cited4 opinions
- Dohany v. RogersSupreme Court of the United States · 1930
- State Highway Department v. SmithSupreme Court of Georgia · 1964
- State Highway Department v. RespessCourt of Appeals of Georgia · 1965
- City of Atlanta v. DonaldSupreme Court of Georgia · 1964
3Cited by7 opinions
- In Re Condemnation by City of Philadelphia of Leasehold of Airportels, Inc.Commonwealth Court of Pennsylvania · 1979
- Pye v. State Highway DepartmentSupreme Court of Georgia · 1970
- Collins v. Metropolitan Atlanta Rapid Transit AuthorityCourt of Appeals of Georgia · 1982
- West v. Department of TransportationCourt of Appeals of Georgia · 1985
- Allgood v. Meridian Security Insurance Co.Indiana Court of Appeals · 2004
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