Harwell v. Georgia Power Co.

246 Ga. 203 (1980)

269 S.E.2d 464

HARWELL

v.

GEORGIA POWER COMPANY.

36297.

Supreme Court of Georgia.

Argued June 4, 1980.

Decided July 16, 1980.

Rehearing Denied July 30, 1980.

J. Corbett Peek, Jr., James Garland Peek, for appellant.

Karl M. Kothe, J. Kirk Quillian, Robert R. Edwards, for appellee.

UNDERCOFLER, Chief Justice.

Certiorari was granted in this case to determine the singular issue of whether Georgia Power Company is authorized by the statutes of this State to condemn real property in fee simple.

Georgia Power brought an in rem proceeding to gain title in fee simple unencumbered to 71.768 acres…