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WATERS v. DEKALB COUNTY

17702.

208 Ga. 741 (1952)

69 S.E.2d 274

WATERS v. DEKALB COUNTY et al.

Supreme Court of Georgia.

Decided February 13, 1952.

Attorney(s) appearing for the Case

Carl T. Hudgins and Thomas O. Davis, for plaintiff.

Eugene Cook, Attorney-General, T. V. Williams and W. V. Rice, Assistant Attorneys-General, and J. A. McCurdy, for zzzdefendants.

CANDLER, Justice.

(After stating the foregoing facts.) 1. Article I, Section III, Paragraph I, of our Constitution of 1945 (Code, Ann., § 2-301) emphatically declares that "private property shall not be taken, or damaged, for public purposes, without just and adequate compensation being first paid." The same provision appeared in the Constitution of 1877. Accordingly, if private property is taken or damaged for public purposes, even by the prudent and proper...

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