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STATE HIGHWAY DEPARTMENT v. SMITH

22424.

219 Ga. 800 (1964)

136 S.E.2d 334

STATE HIGHWAY DEPARTMENT v. SMITH et al.

Supreme Court of Georgia.

Decided April 9, 1964.

Attorney(s) appearing for the Case

Eugene Cook, Attorney General, E. J. Summerour, Richard L. Chambers, Assistant Attorneys General, Harry T. Lawrence, Deputy Assistant Attorney General, for plaintiff in error.

James B. Langford, Oscar M. Smith, contra.

CANDLER, Justice.

Art. I, Sec. III, Par. I of the Constitution of 1945 was amended in 1960 (Ga. L. 1960, p. 1225). As amended it reads in pertinent part as follows: ". . . Private property shall not be taken, or damaged, for public purposes, without just and adequate compensation being first paid, except that when private property is taken or damaged for public road and street purposes by the State and the counties and the...

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