Legal Opinion

Macon & Atlantic Railway Co. v. Riggs

Supreme Court of Georgia

Decided April 21, 1891PublishedCited by 3 opinions

Injunction. Church property. Railroad right of way. Before Judge Gamble. Bulloch county. At chambers, February 9, 1891. Reported in the decision.

1Opinion of the Court

Lumpkin, Justice.

1. The judge below held that the property of a church was not subject to condemnation for railway purposes. It has been settled by this court that church property is private property,, and it follows that land belonging to a church may be condemned for public use, such as the building of a railway thereon, just as the property of an individual may he. City of Atlanta v. First Presbyterian Church, 86 Ga. 730 ; see, also, Lyons v. Planters’ Loan and Savings Bank, Id. 485, 12 S. E. Rep. 882.

2. The railway ’ company obtained from five members of the church, including a deacon, a…

2Cases cited2 opinions

  1. City of Atlanta v. First Presbyterian ChurchSupreme Court of Georgia · 1891
  2. Lyons v. Planters' Loan & Savings BankSupreme Court of Georgia · 1890

3Cited by3 opinions

  1. Pillar of Fire v. Denver Urban Renewal AuthoritySupreme Court of Colorado · 1973
  2. Walker v. Ful-Kalb Inc.Supreme Court of Georgia · 1935
  3. Switzerland General Insurance v. ConowayCourt of Appeals of Georgia · 1967

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