State Highway Department v. Hatcher Et Al. Book Reviews

State Highway Department v. Hatcher Et Al. by Supreme Court of Georgia Book Summary

Counsel for the State Highway Department in their motion for rehearing quote from an act of the General Assembly approved March 7, 1955 (Ga. L. 1955, pp. 559-564), entitled, "Limited-Access Highways," a provision from § 3 wherein it is provided that any limited-access highway may be accepted as a part of the "State Highway System." Counsel then quote from § 5 of that act as follows: "The State Highway Department of Georgia and the highway authorities of the counties or municipalities in the State may acquire private or public property and property rights for limited-access facilities and service roads, including rights of access, air, view and light through gift, devise, purchase or condemnation in the same manner as such governmental units are now or may hereafter be authorized by law to acquire such property or property rights in connection with highways and streets within their respective jurisdictions." The argument is made that: ". . . it becomes clear that it was the purpose and intention of the State Highway Department and the State Highway Board to condemn the subject property for a limited access highway and which was to be a part of the State Aid Road System, and this they were authorized to do by the plain provisions of these Code sections [the sections referred to being from the act of 1955 as herein set forth]."

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