DEPT. OF TRANSP v. MIXON

S20G1410.

864 S.E.2d 67 (2021)

DEPARTMENT OF TRANSPORTATION v. MIXON.

Supreme Court of Georgia.

Decided: October 5, 2021.


Attorney(s) appearing for the Case

Christopher M. Carr , Attorney General, Loretta L. Pinkston-Pope , Senior Assistant Attorney General, Kathleen S. Turnipseed , Assistant Attorney General, Angela Ellen Cusimano , Assistant Attorney General, Department of Law, 40 Capitol Square, S.W., Atlanta, Georgia 30334, Kathleen M. Pacious , Deputy Attorney General, Office of the Attorney General, 40 Capitol Square, S.W., Atlanta, Georgia 30334-1300, for Appellant.

Douglas Lamar Gibson , Gibson & Associates, PC, P. O. Box 1589, Waycross, Georgia 31502-1589, for Appellee.


The Georgia Constitution provides that, as a general matter, "private property shall not be taken or damaged for public purposes without just and adequate compensation being first paid." Ga. Const. of 1983, Art. I, Sec. III, Par. I(a) (the "Just Compensation Provision"). This Court has long held that this Provision waives sovereign...

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