The General Assembly may exercise the right of eminent domain directly through the officers of the state, through the medium of corporate bodies, or by means of individual enterprise.
(Orig. Code 1863, § 2203; Code 1868, § 2198; Code 1873, § 2224; Code 1882, § 2224; Civil Code 1895, § 3054; Civil Code 1910, § 3626; Code 1933, § 36-103.)
Law reviews.- For note, "Regulation and Ownership of the Marshlands: The Georgia Marshlands Act," see 5 Ga. St. L. Rev. 563 (1971).
JUDICIAL DECISIONS
Taking property for public use is legislative, not judicial, function.
- The necessity or expediency of appropriating particular property for public use is not a matter of judicial cognizance, but one for the determination of the legislative branch of the government, and this must obviously be so when the state takes for the state's own purposes. State Hwy. Dep't v. Smith, 219 Ga. 800, 136 S.E.2d 334 (1964).
Notice to owner not required before determination of necessity.
- Since the necessity for taking private property for a public use is a legislative and not a judicial function, due process does not require notice to the owner nor an opportunity to be heard before such determination can be made. State Hwy. Dep't v. Smith, 219 Ga. 800, 136 S.E.2d 334 (1964).
Eminent domain statutes to be strictly construed.
- Since the power to take private property for a public use or benefit is in derogation of the right of the citizen, statutes under which it is claimed must be strictly construed, and it is generally held that the power is not conferred unless an intention to that effect appears in clear and express terms, or by necessary implication. Botts v. Southeastern Pipe-Line Co., 190 Ga. 689, 10 S.E.2d 375 (1940).
Cited in Williamson v. Housing Auth., 186 Ga. 673, 199 S.E. 43 (1938); Russell v. Venable, 216 Ga. 137, 115 S.E.2d 103 (1960); Banks v. Georgia Power Co., 267 Ga. 602, 481 S.E.2d 200 (1997).
OPINIONS OF THE ATTORNEY GENERAL
Legislature may authorize municipality's acquisition of land beyond its limits.
- Legislature has power to authorize a municipal corporation to acquire lands beyond the municipal limits and for that purpose to exercise the power of eminent domain when the proposed taking of private property is strictly for public use. 1965-66 Op. Att'y Gen. No. 66-65.
RESEARCH REFERENCES
Am. Jur. 2d.
- 26 Am. Jur. 2d, Eminent Domain, §§ 5, 21 et seq.
C.J.S.- 29A C.J.S., Eminent Domain, §§ 1 et seq., 23 et seq.
ALR.
- Condemnation by de facto corporation, 44 A.L.R. 542.
Constitutionality of statute conferring power of eminent domain on private corporation or association for educational, religious, or recreational purpose, 50 A.L.R. 1530.
Eminent domain: possibility of overcoming specific obstacles to contemplated use as element in determining existence of necessary public use, 22 A.L.R.4th 840.
Eminent domain: measure and elements of damages or compensation for condemnation of public transportation system, 35 A.L.R.4th 1263.