STATE HIGHWAY DEPARTMENT v. RESPESS

41099.

111 Ga. App. 785 (1965)

143 S.E.2d 434

STATE HIGHWAY DEPARTMENT v. RESPESS.

Court of Appeals of Georgia.

Decided June 8, 1965.


Attorney(s) appearing for the Case

Eugene Cook, Attorney General, Richard L. Chambers, E. J. Summerour, Assistant Attorneys General, Howard Wallace, Deputy Assistant Attorney General, John McCannon, for plaintiff in error.

Joe Salem, contra.


BELL, Presiding Judge.

1. The condemnee's complaints, as gathered from the allegations of his pleading to vacate the declaration of taking, are (1) that the proceeding to condemn his property under Code Ann. Ch. 36-13 is in violation of his rights under Art. I, Sec. III, Par. I of the Constitution of 1945, which prohibits the taking or damaging of private property for public purposes without just and adequate compensation being first paid; (2) that the proceeding...

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