State Highway Department v. Hooks

Supreme Court of Georgia

State Highway Department v. Hooks

107 S.E.2d 654, 214 Ga. 733

CourtSupreme Court of Georgia

DecidedFebruary 6, 1959

Docket20292

StatusPublished

This text of 107 S.E.2d 654 (State Highway Department v. Hooks) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State Highway Department v. Hooks, 107 S.E.2d 654, 214 Ga. 733 (Ga. 1959).

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Opinion

Duckworth, Chief Justice.

The petition of Y. H. Hooks against the State Highway Department of Georgia, Emanuel County, Jerome Waller, W. L. Wilkes, and R. G. Foster & Company, alleges that the petitioner is the owner of certain described land; that the defendants have notified him of their intention to construct a highway thereon; and that, without having condemned his land or paid him for damages resulting therefrom, they have proceeded with the proposed construction, which will constitute a continuing trespass and the taking of petitioner’s property for public use without due process and adequate compensation; and he prays that they be enjoined from trespassing on his property as alleged. The petition alleges a cause of action and the court did not err in overruling the general demurrers of the defendants.

Judgment affirmed.

All the Justices concur.

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Duckworth, Chief Justice.

The petition of Y. H. Hooks against the State Highway Department of Georgia, Emanuel County, Jerome Waller, W. L. Wilkes, and R. G. Foster & Company, alleges that the petitioner is the owner of certain described land; that the defendants have notified him of their intention to construct a highway thereon; and that, without having condemned his land or paid him for damages resulting therefrom, they have proceeded with the proposed construction, which will constitute a continuing trespass and the taking of petitioner’s property for public use without due process and adequate compensation; and he prays that they be enjoined from trespassing on his property as alleged. The petition alleges a cause of action and the court did not err in overruling the general demurrers of the defendants.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

107 S.E.2d 654, 214 Ga. 733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-highway-department-v-hooks-ga-1959.