1. Ground three of the amended motion complains that the condemnor is seeking to condemn more property than is permitted by law. Ga. L. 1937, pp. 433, 434; Code (Ann. Supp.) § 36-1001. In condemnation proceedings the only issue before the assessors or a jury on appeal is the amount of compensation to be paid, and neither the assessors nor a jury can determine whether the condemnor is proceeding legally....
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