49 Ga. App. 239 | Ga. Ct. App. | 1934
1. “A county is not liable to suit for any cause of action unless made so by statute.” Political Code (1910), § 384. But under the constitution of the State of Georgia, “private property shall not be taken or damaged for public purposes without just and adequate compensation being first paid.” Civil Code (1910), § 6388. Accordingly, if private property is taken or damaged by a county for public use, even by the prudent and proper exercise of a power conferred by statute, the owner is entitled to just compensation. City Council of Augusta v. Lamar, 37 Ga. App. 418 (140 S. E. 763), and eit. The constitutional provision just quoted applies with equal force to private property which is either taken or damaged by counties, although, prior to the adoption of the constitution of 1877 enlarging the scope of this section, a county, not being suable at common law, and constituting a political subdivision
2. Under the act of August 18, 1919 (Ga. L. 1919, pp. 242, 249, Michie’s Code, § 828 (19), provision 5), reorganizing the State highway department, whenever a road is taken over by the State highway department, making it a State-aid road, it does not cease to be a county road, but remains a public road of the county upon which county funds may be expended, and still is a part of the system of roads of the county in which it is situated. Myrick v. Brooks County, 175 Ga. 155, 158 (165 S. E. 50). “Whenever a cause of action originates on a highway taken under the jurisdiction of the State highway department, and is a proper case where the county would have been liable under existing laws had not the highway on which the cause of action arose been taken over by the State highway department under the act of 1919 and made a part of the State-aid system of roads, an action may be maintained against the county, in the county wherein the cause of action arose, and the State highway department can be vouched into court to defend said action, and then such department will become responsible for whatever damages are awarded against the county in such a proceeding.” Page v. Washington County, 48 Ga. App. 791 (173 S. E. 868).
3. Under the foregoing rulings, where owners of land brought a suit against
Judgment reversed.