128 Ga. 175 | Ga. | 1907
Most of the questions raised in this case are decided in Bridwell v. Gate City Terminal Co., 127 Ga. 520. The Civil Code, §4683, provides,' that “Upon the payment by the corporation or person seeking to condemn of the amount of the award and final judgment on appeal, such corporation or person shall become vested with such interest in the property taken as may be necessary to enable the corporation or person taking to exercise their franchise or conduct their business; and whenever the corporation or person shall cease using the property taken for the purpose of conducting their business, said property shall revert to the person from whom taken, his heirs or assigns.” This necessarily involves considering damage to the remainder of the lot from such use, including damage to such easements as that of way by an alley, or like appurtenances. And these are to be considered in the assessment where the lot is condemned. Streyer v. Georgia. Southern etc. Co., 90 Ga. 56 (3). If the easement alone is destroyed, wholly or partially, without physically taking possession of the lot itself, this would give a right to damages so inflicted. If the right of way sought to be condemned, and declared now necessary, included all or a part of a lot, we incline to think that the company could not condemn some of the land of the lot owner,
There was no question of an illegal notice of condemnation proceedings in this case, as there was in that of Bridwell v. Gate City Terminal Co., supra.
Judgment affirmed.