37 S.E.2d 365 | Ga. | 1946
1. In the condemnation of property for public road purposes under the Code, Chapters 36-1 to 36-6, inclusive, it is necessary, preliminary to the commencement of the proceedings, for the condemnor to make an effort to agree with the owner of the property upon the price to be paid for the land. Code, §§ 36-302, 36-303; City of Elberton v. Hobbs,
2. The plaintiff in error alleged in his petition that the route from Lumpkin to Preston through Richland was a State-aid road. The State Highway Department under the Code, § 95-1708, has the right to resurvey and relocate in their entirety any or all of the State-aid roads, keeping in view only the control points, which in this instance are indisputably the same. Since the plaintiff in error, however, did not raise the question in his petition that the route through Richland on Nicholson Street had not been duly authorized, relocated, and approved by the State Highway Department, he can not raise the question for the first time in his bill of exceptions. Other questions not raised by the plaintiff's petition and not passed on by the trial court, but raised for the first time by the bill of exceptions, can not be considered by this court.
3. "A court of equity will not interfere with the discretionary action of the State Highway Department in locating, grading, and improving a proposed State-aid highway, within the sphere of their legally designated powers, unless such action is arbitrary and amounts to an abuse of discretion." Crump v. State Highway Department,
Judgment affirmed. All the Justicesconcur.
Great latitude was allowed both parties by the trial court in the introduction of evidence, which covers more than 60 pages. In so far as germane to the issues made by the petition, the evidence was conflicting and need not be quoted here.