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253 Ga. 644

322 S.E.2d 887

Oglethorpe Power Corp. v. Goss

Supreme Court of Georgia

Decided November 28, 1985

Supreme Court of Georgia · decided 1985-11-28

Relies on Fulton Financial Corp. v. Oglethorpe Power Corp.

Good law ✅— No negative treatment on recordhow we know

Decided 1985-11-28

How this case has been cited

Cited by 7 later decisions — most recently September 2015

5 state decisions

301985199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Hill, Chief Justice,

¶1concurring in part and dissenting in part.

¶2I join Division 1 of the majority opinion but dissent to parts of Divisions 2 and 3.

¶3Article I, Sec. III, Par. I of our Constitution provides that private property shall not be “taken or damaged” without just and adequate compensation “being first paid.”

¶4I agree that a prospective condemnor is not required to institute a condemnation proceeding in order to make preliminary surveys and inspections (Division 2). However, in view of the fact that trees and underbrush will necessarily be cut to facilitate the surveys, in order to satisfy the constitutional requirement that private property not be *648damaged without compensation being first paid, I would require the condemnor to estimate the damage to be caused by the preliminary entry and to pay such sum into court in advance of the order allowing entry. In this way, the property owners can be reasonably assured that they will be compensated for the actual damage to their property caused by the entry without the necessity of their filing suit for damages, particularly if the condemnor does not thereafter condemn the damaged property.

Clarke, Justice,

¶5concurring specially.

¶6I concur in the judgment, but I would adhere to the reasoning stated in my dissent in Fulton Financial Corp. v. Oglethorpe Power Corp., 252 Ga. 116 (313 SE2d 487) (1984).

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