Legal Opinion
Kennedy v. State Highway Department
Court of Appeals of Georgia
Decided May 29, 1963No. 39917, 39918PublishedCited by 10 opinions
1Opinion of the Court
Erankum, Judge.
1. A single in rem condemnation action maybe maintained to condemn a right of way across two tracts of land, one owned by one of the condemnees and the other owned jointly by him and another condemnee, Marist Society of Ga. v. City of Atlanta, 212 Ga. 115, 118 (3) (90 SE2d 564), and “In such a proceeding all persons interested will be allotted the damages to which they are respectively entitled.” Cook v. State Hwy. Bd., 162 Ga. 84 (7) (132 SE 902). Therefore, it follows as a matter of course that the consequential benefits to the remaining portion of one tract cannot be offset…
2Cases cited14 opinions
- Hance v. State Roads CommissionCourt of Appeals of Maryland · 1959
- State Highway Commission v. FortuneSouth Dakota Supreme Court · 1958
- Housing Authority of City of Dallas v. ShambryCourt of Appeals of Texas · 1952
- Mississippi State Highway Commission v. StoutMississippi Supreme Court · 1961
- Glendenning v. StahleyIndiana Supreme Court · 1910
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- City of Manassas v. Board of County SupervisorsSupreme Court of Virginia · 1995
- Sumner v. State Highway DepartmentCourt of Appeals of Georgia · 1964
- Georgia Power Co. v. BrayCourt of Appeals of Georgia · 1974
- Alabama Power Company v. BakerSupreme Court of Alabama · 1967
- Department of Transportation v. OlshanSupreme Court of Georgia · 1976
5 more not listed; retrieve them via the Exa API.