Legal Opinion
Felton Farm Co. v. Macon County
Court of Appeals of Georgia
Decided April 19, 1934No. 23501PublishedCited by 12 opinions
1Opinion of the CourtJenkins, P. J.
1. “A county is not liable to suit for any cause of action unless made so by statute.” Political Code (1910), § 384. But under the constitution of the State of Georgia, “private property shall not be taken or damaged for public purposes without just and adequate compensation being first paid.” Civil Code (1910), § 6388. Accordingly, if private property is taken or damaged by a county for public use, even by the prudent and proper exercise of a power conferred by statute, the owner is entitled to just compensation. City Council of Augusta v. Lamar, 37 Ga. App. 418 (140 S. E. 763), and eit. The…
2Cases cited13 opinions
- Smith v. Floyd CountySupreme Court of Georgia · 1890
- Millwood v. DeKalb CountySupreme Court of Georgia · 1899
- City Council v. LamarCourt of Appeals of Georgia · 1927
- Barfield v. Macon CountySupreme Court of Georgia · 1899
- Howard v. County of BibbSupreme Court of Georgia · 1907
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Taylor v. Richmond CountySupreme Court of Georgia · 1938
- Purser v. Dodge CountySupreme Court of Georgia · 1939
- State Highway Department v. MacDougald Construction Co.Court of Appeals of Georgia · 1936
- Dougherty County v. LongCourt of Appeals of Georgia · 1956
- Perkerson v. Mayor of GreenvilleCourt of Appeals of Georgia · 1935
7 more not listed; retrieve them via the Exa API.