JOHNSON v. FULTON COUNTY

38867.

103 Ga. App. 873 (1961)

121 S.E.2d 54

JOHNSON v. FULTON COUNTY.

Court of Appeals of Georgia.

Rehearing Denied June 16, 1961.


Attorney(s) appearing for the Case

Houston White, for plaintiff in error.

Harold Sheats, Paul H. Anderson, Martin H. Peabody, contra.


TOWNSEND, Presiding Judge.

1. The right of eminent domain is inherent in every sovereignty, but it is dormant until the lawmaking body sets it in motion. Botts v. Southeastern Pipe-Line Co., 190 Ga. 689 (10 S.E.2d 275). A condemnor has no rights whatsoever except those expressly granted to it by statute. State Highway Dept. v. Pierce, 46 Ga.App. 52 (166 S. E. 453). They can be exercised only when every prerequisite to their exercise has been fully met...

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