Department of Transportation v. City of Atlanta

I dissent to those portions of the majority opinion which affirm the trial court.

1. OCGA § 32-3-1 (a) provides: “Any property may be acquired in fee simple or in any lesser interest, including scenic easements, airspace, and rights of access, by a state agency . . . through . . . eminent domain ... for present or future public road or other transportation purposes.” (Emphasis supplied.)

2. In 1955, we held that what was then known as the State Highway Department “has paramount authority in the matter of taking any property within its boundaries for those public uses to which it may reasonably…