JOHNSON v. BURKE COUNTY

38309, 38319.

101 Ga. App. 747 (1960)

115 S.E.2d 484

JOHNSON et al. v. BURKE COUNTY; and vice versa.

Court of Appeals of Georgia.

Decided June 2, 1960.


Attorney(s) appearing for the Case

George W. Fryhofer, for plaintiffs in error.

Eugene Cook, Attorney-General, Paul Miller, Carter Goode, Assistant Attorneys-General, R. U. Harden, contra.


FRANKUM, Judge.

Code § 2-301, provides: "Private property shall not be taken or damaged, for public purposes, without just and adequate compensation being first paid." "Accordingly, if property is damaged, even by the prudent and proper exercise of a power conferred by statute, the owner is entitled to just compensation in an amount represented by the difference between the market value of the property before and after the procedure taken for public purposes...

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