Legal Opinion
State Highway Department v. Irvin
Court of Appeals of Georgia
Decided November 5, 1959No. 37825PublishedCited by 11 opinions
1Opinion of the Court
Quillian, Judge.
It is an elementary rule that the State must pay for property taken for a public purpose. Art. I, Sec. Ill, Par. I, Constitution Code § 2-301. The amount of damages shall include not only the value of the property taken, but shall also compensate for the consequential damage to the remaining property not taken. These consequential damages result from the actions of the State in severing a portion from the body of the condemnee’s land and in interfering with his use and enjoyment of the remaining property. City of Atlanta v. Greene, 67 Ga. 386. The consequential damage is…
2Cases cited4 opinions
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- City of Atlanta v. GreenSupreme Court of Georgia · 1881
- Central Georgia Power Co. v. StoneSupreme Court of Georgia · 1913
- Georgia Portland Cement & Slate Co. v. JacksonSupreme Court of Georgia · 1915
3Cited by11 opinions
- Department of Transportation v. WhiteheadSupreme Court of Georgia · 1984
- Department of Transportation v. WhiteheadCourt of Appeals of Georgia · 1983
- Hillman v. Department of TransportationSupreme Court of Georgia · 1987
- Circle K General, Inc. v. Department of TransportationCourt of Appeals of Georgia · 1990
- Williams v. COLONIAL PIPELINE COMPANYCourt of Appeals of Georgia · 1964
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