Legal Opinion
Johnson v. Burke County
Court of Appeals of Georgia
Decided June 2, 1960No. 38309, 38319PublishedCited by 8 opinions
1Opinion of the Court
Franicum, Judge.
Code § 2-301, provides.: “Private property shall not be taken or damaged, for public purposes, without just and adequate compensation being first paid.” “Accordingly, if property is damaged, even by the prudent and proper exercise of a power conferred by statute, the owner is entitled to just compensation in an amount represented by the difference between the market value of the property before and after the procedure taken for public purposes.” Dougherty County v. Hornsby, 213 Ga. 114 (97 S. E. 2d 300), and cases cited therein. The State Highway Board cannot deprive the…
2Cases cited6 opinions
- Schlesinger v. City of AtlantaSupreme Court of Georgia · 1925
- Dougherty County v. HornsbySupreme Court of Georgia · 1957
- State Highway Board v. BaxterSupreme Court of Georgia · 1928
- State Highway Department v. StricklandSupreme Court of Georgia · 1958
- State Highway Department v. StricklandSupreme Court of Georgia · 1958
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- DeKalb County v. GlazeCourt of Appeals of Georgia · 1988
- Fountain v. Metropolitan Atlanta Rapid Transit AuthorityCourt of Appeals of Georgia · 1986
- Cheek v. Floyd CountyDistrict Court, N.D. Georgia · 1970
- Homeyer v. State Highway DepartmentCourt of Appeals of Georgia · 1965
- City of Atlanta v. Sig Samuels Laundry & Dry CleaningSupreme Court of Georgia · 2007
3 more not listed; retrieve them via the Exa API.