---
title: Ga. Const. Art. III, Sec. VI, Para. III. Powers not to be abridged.
collection: code
id: ga-const:art-iii-sec-vi-para-iii
cite_as: Ga. Const. Art. III, Sec. VI, Para. III
canonical_url: https://georgiacommons.org/constitution/ga/art-iii-sec-vi-para-iii
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date: 2016
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heading_path: CONSTITUTION OF THE / LEGISLATIVE BRANCH / EXERCISE OF POWERS
---

# Ga. Const. Art. III, Sec. VI, Para. III. Powers not to be abridged.

A constitution provision shown as in force is in force as printed in the volume. A court decision can make a printed provision unenforceable without changing the volume, and the volume does not record that.

The General Assembly shall not abridge its powers under this Constitution. No law enacted by the General Assembly shall be construed to limit its powers.

## Cross References

Statutory construction generally, Ch. 3, T. 1.

## Editor's Notes

In light of the similarity of the provisions, decisions under former Ga. Const. 1976, Art. III, Sec. VIII, Para. II and antecedent provisions, relating specifically to the preservation of the state’s right to exercise the power of eminent domain, are included in the annotations for this paragraph. islature control of private property for use of the public, provided just compensation be made to the owner therefor. All grantees of land from the state, and their assigns, hold it under this tacit agreement or implied understanding. State Hwy. Dep’t v. Smith, 219 Ga. 800, 136 S.E.2d 334 (1964).

In light of the similarity of the provisions, decisions under former Ga. Const. 1976, Art. III, Sec. VIII, Para. II and antecedent provisions, relating specifically to the preservation of the state’s right to exercise police power, are included in the annotations for this paragraph.

Police power is broad, but must be tution. Commissioners of Glynn County v. Cate, 183 Ga. 111, 187 S.E. 636 (1936).

Constitutional considerations inent domain do not apply to police power, and the citizen whose property is taken or destroyed is helpless before it. However, the police power can be invoked only in the face of compelling necessity, and it extends no further than the emergency which creates it. Horne v. City of Cordele, 140 Ga. App. 127, 230 S.E.2d 333 (1976).

Uncompensated destruction of diate necessity of the occasion is unconstitutional exercise of police power. Horne v. City of Cordele, 140 Ga. App. 127, 230 S.E.2d 333 (1976). nicipal corporations only if, where, and to extent there has been express grant by state. Palmer v. Hall, 380 F. Supp. 120 (M.D. Ga. 1974), modified, 517 F.2d 705 (5th Cir. 1975). tures and municipal governments to impose restrictions through zoning laws and ordinances is no longer subject to question. 106 Forsyth Corp. v. Bishop, 362 F. Supp. 1389 (M.D. Ga. 1972), aff’d, 482 F.2d 280 (5th Cir. 1973), cert. denied, 422 U.S. 1044, 95 S. Ct. 2660, 45 L. Ed. 2d 696 (1975).

Municipality free to contract where

In light of the similarity of the provisions, opinions under former Ga. Const. 1976, Art. III, Sec. VIII, Para. II and antecedent provisions, relating specifically to the preservation of the state’s right to exercise the power of eminent domain, are included in the annotations for this paragraph.

Legislature has power to authorize municipal corporation to acquire lands beyond municipal limits and for that purpose to exercise the power of eminent domain where the proposed taking of private property is strictly for public use. 1965-66 Op. Att’y Gen. No. 66-65 (decided under Ga. Const. 1976, Art. III, Sec. VIII, Para. II).

Provisions of this paragraph give broad effect to state’s right of eminent domain. 1981 Op. Att’y Gen. No. U81-1.

## 1976 Constitution.

Art. III, Sec. VIII, Paras. II, III.

## Prohibiting Impairment of Contract.

Hotel/motel tax statute providing that once the courts have validated a bond issue and the bonds have been issued, the state cannot impair the contract between the issuer and the bondholder does not violate Ga. Const. 1983, Art. III, Sec. VI, Para. III. Youngblood v. State, 259 Ga. 864, 388 S.E.2d 671 (1990).

Eminent Domain

## Right of Eminent Domain Gives leg-Authority to Prescribe Procedure.

— The exercise of the right of eminent domain is a legislative function and the General Assembly may by law prescribe the procedure for taking private property for public uses. State Hwy. Dep’t v. Smith, 219 Ga. 800, 136 S.E.2d 334 (1964). lic use is not matter of judicial cognizance, but one for the determination of the legislative branch, and this must obviously be so where the state takes for its own purposes. State Hwy. Dep’t v. Smith, 219 Ga. 800, 136 S.E.2d 334 (1964).

Legislature may exercise power of eminent domain only by payment for land taken, except in extraordinary cases. Loughbridge v. Harris, 42 Ga. 500 (1871).

Property owner must be paid just and adequate compensation before property is taken. Thomas v. City of Cairo, 206 Ga. 336, 57 S.E.2d 192 (1950).

## Necessity or Expediency of Appropriating Particular Property for pub-Private Life and Health More Important Than Public Convenience.

The right of private convenience, the right of the private citizen to hold and own any particular property, must yield to public convenience and public service whenever and wherever the legislature says yield, and to this extent the right of eminent domain is paramount; but private life and private health are more precious in the eyes of the law than even public convenience. Thrasher v. City of Atlanta, 178 Eminent Domain (Cont’d) Ga. 514, 173 S.E. 817 (1934).

## Governing Authority Not to Use Eminent Domain Power to Restrict Legitimate Activity.

A governing authority has no right to utilize the power of eminent domain under Ga. Const. 1976, Art. III, Sec. VIII, Para. II and Ga. Const. 1976, Art. I, Sec. III, Para. I (see Ga. Const. 1983, Art. I, Sec. III, Para. I) in order to restrict a legitimate activity in which the state has an interest. Earth Mgt., Inc. v. Heard County, 248 Ga. 442, 283 S.E.2d 455 (1981).

Condemning authority may not act in bad faith in exercise of right of eminent domain. Earth Mgt., Inc. v. Heard County, 248 Ga. 442, 283 S.E.2d 455 (1981).

## Blocking Hazardous Waste Facility.

— County acted in bad faith under Ga. Const. 1976, Art. III, Sec. VIII, Para. II and Ga. Const. 1976, Art. I, Sec. III, Para. I (see Ga. Const. 1983, Art. I, Sec. III, Para. I) when it instituted condemnation proceedings for purpose of preventing land from being used as hazardous waste facility. Earth Mgt., Inc. v. Heard County, 248 Ga. 442, 283 S.E.2d 455 (1981). ate only upon property and never on the person or citizen. Thrasher v. City of Atlanta, 178 Ga. 514, 173 S.E. 817 (1934).

## Right of Eminent Domain Can oper-Strict Compliance with Statute Necessary.

In proceedings under statutory authority, whereby an owner may be deprived of property, the statute must be strictly pursued. Compliance with all its prerequisites must be shown. Thomas v. City of Cairo, 206 Ga. 336, 57 S.E.2d 192 (1950).

Neither notice nor opportunity to be heard are prerequisite to the exercise of the power of eminent domain, provided only that the owner have an opportunity, in the course of the condemnation proceeding, to be heard and to offer evidence as to the value of the land taken. State Hwy. Dep’t v. Smith, 219 Ga. 800, 136 S.E.2d 334 (1964).

## Legislature May Delegate to Agencies Power to Condemn Property.

Since the legislature cannot in every case supervise the condemnation of property for public use, it may confer the power to do so on agencies. State Hwy. Dep’t v. Smith, 219 Ga. 800, 136 S.E.2d 334 (1964).

Condemnation of land by water

## Power Owners May Be Authorized.

Jones v. North Ga. Elec. Co., 125 Ga. 618, 54 S.E. 85 (1906).

One exercising delegated power of eminent domain may not condemn property already devoted to another and different public use unless power to do so is conferred upon it in express terms or by necessary implication. Southern Ry. v. State Hwy. Dep’t, 219 Ga. 435, 134 S.E.2d 12 (1963), commented on in 1 Ga. St. B.J. 242 (1964).

Authority to annex noncontiguous

## Property.

Since the authority of the General Assembly to annex municipal property is limited only by the state and federal constitutions, its annexation of municipal property which was not contiguous to lands owned by the city was valid; therefore, the city’s annexation of property which was contiguous to that property was also valid. City of Ft. Oglethorpe v. Boger, 267 Ga. 485, 480 S.E.2d 186 (1997).

## Effect of Contrary Zoning Regulations on Governmental Use.

Municipality may use property acquired by purchase for necessary governmental use, regardless of contrary zoning regulations. Mayor of Savannah v. Collins, 211 Ga. 191, 84 S.E.2d 454 (1954).

## City Ordinance Providing for Condemnation Invalid.

City ordinance which provides for the condemnation of property, with the proviso that the city might refuse to accept the property or to pay the award of the assessors if the amount, manner of payment, and terms thereof were not satisfactory to the city, is invalid and city would be enjoined from proceeding thereunder. Thomas v. City of Cairo, 206 Ga. 336, 57 S.E.2d 192 (1950).

Property condemned for purposes of relocating railroad track displaced by highway construction is validly condemned for highway use. Hinson v. DOT, 230 Ga. 314, 196 S.E.2d 883 (1973).

Police Power

## Exercised in Subordination to Consti-which Limit Government’s Right of Emproperty of Citizen Exceeding imme-Police Power Is Possessed by mu-Power and Necessity for Legislano Exercise of State Police Power.

Where state has not exercised its police power in regulating street railway fares, it is not unconstitutional for a municipality to make a contract in this area. Georgia Ry. & Power Co. v. Railroad Comm’n, 149 Ga. 1, 98 S.E. 696 (1919).

Power to suspend business license

## To Prevent Public Indecency.

A municipality’s right under its police power to prevent public indecency is vital to local government and the power exists to suspend ex parte a business license in a proper case where public morals are threatened. Sokolic v. Ryan, 304 F. Supp. 213 (S.D. Ga. 1969).

Commercial movies not immune

## From Regulation.

First amendment (U.S. Const., amend. 1) rights as they attach to commercial movies are not so fundamental as to be immune from valid regulation under the police power, particularly where the restraint upon such movies is relatively minor and the public interest to be protected is substantial. 106 Forsyth Corp. v. Bishop, 362 F. Supp. 1389 (M.D. Ga. 1972), aff’d, 482 F.2d 280 (5th Cir. 1973), cert. denied, 422 U.S. 1044, 95 S. Ct. 2660, 45 L. Ed. 2d 696 (1975). tion of business within municipality in violation of ordinances enacted under police power and for welfare of community. 106 Forsyth Corp. v. Bishop, 362 F. Supp. 1389 (M.D. Ga. 1972), aff’d, 482 F.2d 280 (5th Cir. 1973), cert. denied, 422 U.S. 1044, 95 S. Ct. 2660, 45 L. Ed. 2d 696 (1975).

Fact that regulation affects only

## Civil Rights Do Not Authorize Operaone Person Not Unconstitutional.

The mere fact that only one party operating a business is affected by a regulation designed to localize the operation of such business in a certain district in a city does not show arbitrary, unreasonable, or unjust discrimination in violation of organic rights. 106 Forsyth Corp. v. Bishop, 362 F. Supp. 1389 (M.D. Ga. 1972), aff’d, 482 F.2d 280 (5th Cir. 1973), cert. denied, 422 U.S. 1044, 95 S. Ct. 2660, 45 L. Ed. 2d 696 (1975).

Motion picture theaters, like filling stations and whiskey stores, are not immune from regulation under police power. 106 Forsyth Corp. v. Bishop, 362 F. Supp. 1389 (M.D. Ga. 1972), aff’d, 482 F.2d 280 (5th Cir. 1973), cert. denied, 422 U.S. 1044, 95 S. Ct. 2660, 45 L. Ed. 2d 696 (1975).

## Nuisance Not Legalized.

It is never to be presumed that the legislature intended to authorize a corporation to erect a nuisance. Towaliga Falls Power Co. v. Sims, 6 Ga. App. 749, 65 S.E. 844 (1909). Police Power (Cont’d) ercise of police power. Whitley v. State, 134 Ga. 758, 68 S.E. 716 (1910).


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