Legal Opinion

DeKalb County v. Jackson-Atlantic Co.

Court of Appeals of Georgia

Decided April 8, 1971No. 45791, 45792PublishedCited by 6 opinions

1Opinion of the Court

Hall, Presiding Judge.

The power of eminent domain is statuto ry, and the whole of Title 36 legislatively asserts, delegates and delimits this power. Many of the chapters are supplementary and cumúlative, as is Chapter 36-11, the one under which the power was invoked in this case. Code Ann. §36-1115. Many court decisions are also applicable to several chapters. This can lead to apparent contradictions. Here we have the condemnee contending that the question of dedication cannot be considered because the only issue on an appeal from an award is the value of the property taken. This is supported…

Also in this document: Concurrence.

2Cases cited19 opinions

  1. Central Georgia Power Co. v. CornwellSupreme Court of Georgia · 1912
  2. Piedmont Cotton Mills v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1908
  3. Atlanta Terra Cotta Co. v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1909
  4. Atlantic Coast Line Railroad v. Postal Telegraph-Cable Co.Supreme Court of Georgia · 1904
  5. Atlantic & Birmingham Railroad v. PennySupreme Court of Georgia · 1904

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3Cited by6 opinions

  1. Walker v. Georgia Power Co.Court of Appeals of Georgia · 1986
  2. Metropolitan Atlanta Rapid Transit Authority v. Gould Investors TrustCourt of Appeals of Georgia · 1983
  3. Simmons v. Webster CountyCourt of Appeals of Georgia · 1997
  4. Saffold v. CarterDistrict Court, S.D. Georgia · 1990
  5. Cline v. McMullanSupreme Court of Georgia · 1993

1 more not listed; retrieve them via the Exa API.

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