¶1concurring specially. My opinion as to what this court should do with Code § 95-1712 is expressed fully in my dissent in State Highway Department v. McClain, 216 Ga. 1 (114 S. E. 2d 125). But since my associates will not join me in overruling all the decisions above listed, I have no choice but to follow them and hence join in the foregoing decision.
¶2This is an action for damages, brought against Dougherty County, resulting from acts of the State Highway Department in building certain fills or embankments in the construction of an interchange at the junction of a highway and the relocation of another. By amendment the petitioner filed a second original for service upon the State Highway Department as prescribed in Code (Ann.) § 95-1710 (Ga. L. 1957, p. 592). After a verdict and judgment for the petitioner, the Court of Appeals affirmed the lower court after reviewing errors complained of in rulings on demurrers and other rulings during the trial. A writ of certiorari was granted by this court, which now has for decision the question of whether or not the Court of Appeals in its opinion in Dougherty County v. Edge, 100 Ga. App. 856 (112 S. E. 2d 334), erred in holding that the action was to recover damages to real property resulting from acts of the State in exercising its power of eminent domain under the constitutional provision that *102property should not be taken and damaged without just and adequate compensation, and that Code § 95-1712 did not apply in the case, and the action was not brought prematurely.