Legal Opinion
Department of Transportation v. Foremost Realty, Inc.
Court of Appeals of Georgia
Decided June 20, 1975No. 50635PublishedCited by 2 opinions
1Opinion of the Court
Clark, Judge.
"Where property is taken for a road, the test of the purpose for condemnation is the right of the public to use it rather than the number of persons who may actually use it.” Thus spake this court as the third headnote in Department of Transportation v. Livaditis, 129 Ga. App. 358 (199 SE2d 573). That principle is determinative of *378this appeal and requires us to reverse the trial court’s decision.
The able advocate for the objecting landowners recognizes that the Livaditis case must be considered in deciding the instant situation and therefore seeks to distinguish it. The legal…
2Cases cited5 opinions
- Kellett v. Fulton CountySupreme Court of Georgia · 1959
- King v. City of McCaysvilleSupreme Court of Georgia · 1945
- Harrold Bros. v. Mayor of AmericusSupreme Court of Georgia · 1914
- Department of Transportation v. LivaditisCourt of Appeals of Georgia · 1973
- NORTON REALTY & LOAN COMPANY, INC. v. Bd. of Ed. of Hall CountyCourt of Appeals of Georgia · 1973
3Cited by2 opinions
- Coffee v. Atkinson CountySupreme Court of Georgia · 1976
- Texaco, Inc. v. Department of TransportationCourt of Appeals of Georgia · 1983