Mayor of Albany v. Sikes

Lumpkin, Justice.

1. Before the ratification of the present constitution of this State, the owner of private property actually taken for public use was undoubtedly entitled to compensation ; but where such property was merely damaged in the prosecution of a public work, it was damnum absque injuria. Our constitution now provides that: “ Private property shall not be taken, or damaged, for public purposes, without just and adequate compensation being first paid.” Code, §5024. Const, art. 1, §3, par. 1. It follows that where a municipal corporation, in the exercise of a statutory power…