Legal Opinion · Dissent

State Highway Department v. Wilson

Court of Appeals of Georgia

Decided October 14, 1958No. 37290Published

1DissentFelton, Chief Judge

As I understand the ruling of the majority in the Woodside 'case it simply means that where a condemnor has taken or damaged private property without the payment or tender of just compensation within the time for appeal, he can proceed no- further with an appeal. There is mo law in this State making the payment or tender a prerequisite for a condemnor’s appeal. The only constitutional or statutory safeguard is that property shall not be taken or damaged without tender or payment of compensation. I yield to no man in my adherence to the constitutional rights of citizens. At the same time I do…

2Cases cited13 opinions

  1. Thornton v. LaneSupreme Court of Georgia · 1852
  2. Woolfolk v. StateSupreme Court of Georgia · 1889
  3. Oliver v. Union Point & White Plains RailroadSupreme Court of Georgia · 1889
  4. Gate City Terminal Co. v. ThrowerSupreme Court of Georgia · 1911
  5. Chambers v. Cincinnati & Georgia RailroadSupreme Court of Georgia · 1882

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