Woodside v. City of Atlanta

Head, Justice,

concurring. 1. The right of eminent domain is the right of the State to reassert, either temporarily or permanently, dominion over lands within the State. Code § 36-101. The right may be asserted by agencies of the State, or corporate bodies when authorized by law. Code § 36-103. The Constitution provides that the right of eminent domain shall never be abridged or so construed as to prevent the General Assembly from taking property and franchises for public use. Constitution, Art. IV, Sec. II, Par. I (Code, Ann., § 2-2501). There can be no taking of private property for public…