Georgia Reports Volume 115

Georgia Reports Volume 115

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ...the particular land in question is one exclusively for the legislature, and in 238 a quotation is made from the case of Boom Co. '0. Patterson, 98 U. S. 406, where the following language is used: "When the use is public, the necessity or expediency of appropriating any particular property is not a subject of judicial cognizance. The property may be appropriated by an act of the legislature, or the power of appropriating it may be delegated to private corporations, to be exercised by them in the execution of works in which the public is interested." See also the cases cited in the note to 238 of 1 Lewis on Eminent Domain, and the authorities reviewed by Mr. Justice Fish in the case of Savannah R. Co. v. Postal Tel. Co., supra. Under the constitution of this State (Civil Code, 5729), private property can not be taken for public purposes except in cases of necessity, and the laws anthorizing the condemnation of private property and providing a means for its accomplishment permit the seizure of only so much property as may be necessary for the purposes authorized. See (Jivil Code, 4658, and Acts 1898, p. 54. When the legislature grants to a corporation the right to exercise the power of eminent domain, it alone, according to all authority, is the judge' of the necessity for the exercise of the right. If the corporation should exceed the powers granted it, and take more land than is authorized, or if it should otherwise exceed the powers granted to it by the legislature, it would place itself without the pale of authority and be amenable to a. court of equity. As the necessity for the exercise of the power to condemn private property is passed on by the legislature, and as there is always open a...
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Product details

  • Paperback | 450 pages
  • 189 x 246 x 23mm | 798g
  • United States
  • English
  • black & white illustrations
  • 1236787846
  • 9781236787842