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BIBB COUNTY v. GEORGIA POWER CO.

Nos. A99A1350, A99A1351.

525 S.E.2d 136 (1999)

241 Ga. App. 131

BIBB COUNTY et al. v. GEORGIA POWER COMPANY (Two Cases).

Court of Appeals of Georgia.

Reconsiderations Denied November 30, 1999.

Certiorari Denied May 1, 2000.

Attorney(s) appearing for the Case

Sell & Melton, Joseph W. Popper, Jr., John D. Comer, Robert D. McCullers, Macon, for appellants.

Jones, Cork & Miller, H. Jerome Strickland, H.J. Strickland, Jr., Macon, for appellee.

James F. Grubiak, Atlanta, amicus curiae.

MILLER, Judge.

When Bibb County condemned neighboring properties to widen a road, it did not condemn any easements Georgia Power may have had for its poles located on the properties. At the first widening in 1967, Georgia Power relocated the poles at its own expense, with many being relocated within the alleged 30-foot-wide easements. At the second widening in 1996, Georgia Power insisted that the county pay for the costs of relocation, resulting in this suit. The...

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