Legal Opinion
Fender v. Lee County
Court of Appeals of Georgia
Decided February 2, 1924No. 14257PublishedCited by 5 opinions
1Opinion of the CourtStephens, J.
1. The constitutional provision prohibiting the taking or damaging of private property for public purposes without just compensation (Civil Code of 1910, § 6388) carries with it by implication the right in the party seeking redress under that provision to bring suit against a county which has damaged his property for public purposes. Smith v. Floyd County, 85 Ga. 420 (11 S. E. 850); Harris County v. Brady, 115 Ga. 767 (42 S. E. 71).
2. The gravamen of the action consists of the taking or the damaging of the property, although the public receives no benefit, as a result of the taking *605or the…
2Cases cited4 opinions
- Smith v. Floyd CountySupreme Court of Georgia · 1890
- Harris County v. BradySupreme Court of Georgia · 1902
- Mack v. Augusta Belt Railway Co.Court of Appeals of Georgia · 1922
- City of Atlanta v. CallawaySupreme Court of Georgia · 1912
3Cited by5 opinions
- Staten v. General Exchange InsuranceCourt of Appeals of Georgia · 1928
- City of Atlanta v. DonaldCourt of Appeals of Georgia · 1965
- Comer v. Rome Chevrolet Co.Court of Appeals of Georgia · 1930
- Hinson v. Seaboard Air-Line Railway Co.Court of Appeals of Georgia · 1928
- Crider v. Southern Railway Co.Court of Appeals of Georgia · 1928