2021 Georgia Code
Title 22 - Eminent Domain
Chapter 1 - General Provisions
§ 22-1-3. Power of General Assembly to Determine When Right of Eminent Domain May Be Exercised; Duty of Courts as to Laws Authorizing the Condemnation of Private Property for Private Uses
It is the province of the General Assembly to determine when the right of eminent domain may be exercised. If, however, under pretext of such necessity the General Assembly should pass a law authorizing the taking of property for private use rather than for public use, the courts should declare the law inoperative.
(Orig. Code 1863, § 2202; Code 1868, § 2197; Code 1873, § 2223; Code 1882, § 2223; Civil Code 1895, § 3053; Civil Code 1910, § 3625; Code 1933, § 36-102.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 26 Am. Jur. 2d, Eminent Domain, §§ 5, 23 et seq.
C.J.S.- 29A C.J.S., Eminent Domain, §§ 1 et seq., 23 et seq.
ALR.
- Exercise of eminent domain to control the use or improvement of property not taken, 23 A.L.R. 876.
Right of abutting owner to compensation for interference with access by bridge or other structure in public street or highway, 45 A.L.R. 534.
Constitutionality of statute conferring power of eminent domain on private corporation or association for educational, religious, or recreational purpose, 50 A.L.R. 1530.
Public benefit or convenience as distinguished from use by the public as ground for the exercise of the power of eminent domain, 54 A.L.R. 7.
Power to condemn, or authorize the condemnation of, capital stock of a public utility, 81 A.L.R. 1071.
Diversion of park property to other uses as taking or damaging neighboring property without compensation, 83 A.L.R. 1435.
Injunction against exercise of power of eminent domain, 133 A.L.R. 11; 93 A.L.R.2d 465.
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.
