Legal Opinion · Dissent

Housing Authority of Augusta v. Holloway

Court of Appeals of Georgia

Decided November 1, 1940No. 28580Published

1DissentFelton, J.

I think the charge of the court was error requiring a reversal of the judgment. It can not be disputed that the overwhelming authority in this State, under the decisions of the Supreme Court and this court, is that the measure of damages for taking private property for public purposes is the fair market value of the property taken (no consequential damages to property not taken being involved). Some of the decisions so holding are as follows: Harrison v. Young, 9 Ga. 359; Young v. Harrison, 17 Ga. 30; Central Georgia Power Co. v. Mays, 137 Ga. 120 (72 S. E. 900); Central Georgia Power Co. v.…

2Cases cited8 opinions

  1. Central Georgia Power Co. v. MaysSupreme Court of Georgia · 1911
  2. Harrison v. YoungSupreme Court of Georgia · 1851
  3. Young v. HarrisonSupreme Court of Georgia · 1855
  4. Central Georgia Power Co. v. StoneSupreme Court of Georgia · 1913
  5. State Highway Board v. ShierlingCourt of Appeals of Georgia · 1935

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