State Highway Department v. Holleman

Felton, Chief Judge.

The motion to dismiss the writ of error is denied. By amendment to the Constitution, ratified November 8, 1960, Code Ann. § 2-301, it was provided that just and adequate compensation for the condemnation of private *258property for road purposes by the State, counties and municipalities need not be paid until the .same has been finally fixed and determined as provided by law, and the General Assembly was authorized by the amendment to require the condemnor to make prepayment against adequate compensation as a condition precedent to the exercise of the right of eminent domain.…