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OWENS v. STATE HWY. DEPT.

41949.

113 Ga. App. 608 (1966)

149 S.E.2d 406

OWENS et al. v. STATE HIGHWAY DEPARTMENT.

Court of Appeals of Georgia.

Decided April 25, 1966.

Rehearing Denied May 10, 1966.

Attorney(s) appearing for the Case

Mitchell & Mitchell, Erwin Mitchell, Warren N. Coppedge, Jr., for appellants.

Arthur K. Bolton, Attorney General, Richard L. Chambers, E. J. Summerour, Assistant Attorneys General, William A. Ingram, Deputy Assistant Attorney General, John T. Minor, III, for appellee.

EBERHARDT, Judge.

1. The Act providing for the "quick taking" of land for road purposes under a declaration of taking provides (Code Ann. § 36-1303) that the condemnee may petition the superior court to vacate, set aside and annual the declaration for: (a) fraud or bad faith, as contemplated under Code § 37-709, (b) improper use of the powers provided under the Act, (c) abuse or misuse of the powers, or such other questions as may be raised...

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