Benton v. Georgia Marble Co.

Marshall, Chief Justice.

This appeal involves a statutory proceeding under OCGA § 44-9-70, which provides, in pertinent part, that a person or corporation engaged in the business of metal or mineral mining, or quarrying marble, granite, or any other stone, may obtain a right-of-way for a railroad across the lands of others “in order to operate his business successfully.”

OCGA § 44-9-70 further provides that, “[a]ll proceedings in relation thereto shall be had and the damages shall be assessed and paid according to the method of condemning land provided in Title 22.” Three alternative methods…