22-1-3. Power of General Assembly to determine when right of eminent domain may be exercised; duty of courts as to laws authorizing the condemnation of private property for private uses.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

It is the province of the General Assembly to determine when the right of eminent domain may be exercised. If, however, under pretext of such necessity the General Assembly should pass a law authorizing the taking of property for private use rather than for public use, the courts should declare the law inoperative.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 2202; Code 1868, § 2197; Code 1873, § 2223; Code 1882, § 2223; Civil Code 1895, § 3053; Civil Code 1910, § 3625; Code 1933, § 36-102.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t22-t23-(v19)-2020-pdf.pdf, Volume V19, 2020 edition, page 26; merge action: carried; file SHA-256 b3cf4ff62f2f.