138 Ga. 420 | Ga. | 1912
Many of the questions presented by this record are novel, and arise from the peculiar facts of the case. The State of Georgia owns a railroad extending between Atlanta and Chattanooga, Tennessee. On the 19th day of July, 1890, by authority of the General Assembly (Acts 1889, p. 141), the railroad was leased to the Nashville, Chattanooga and St. Louis Bailway for the period of 29 years from December 27th, 1890. The leasing company by the terms of the act became a body corporate under the name and style of the Western and Atlantic Bailroad Company. Prior to
In this State a tenant can neither assign his lease nor sublet the premises without the landlord’s permission. Nor can a tenant who leases premises for a particular use devote them to other uses without the landlord’s consent. Dodd v. Ozburn, 128 Ga. 380 (57 S. E. 701). Acquisition of the right of occupancy of land by means of condemnation is the equivalent of a conveyance. The difference consists in the means of acquiring the right; the former is involuntary and the latter is voluntary. If a tenant can not convey
Our attention is called to the provisions of the eminent-domain law respecting the right of a telegraph company to condemn the right of way of a railroad eompanjq and especially to the provision that in such eases only the railroad company is to be notified. The argument is that the lessee is a railroad company, and therefore falls within all of the provisions of the statute on the subject. We do not think so. The statute refers to railroad companies which own their rights of way, the ownership extending either to the easement of right of way or to the fee in the soil. For reasons already stated, it is manifest that the statute does not contemplate proceedings solely to condemn the right of way of a railroad company which has no ownership of easement of the right of way or of the fee; one which is merely a tenant, possessing no estate, but only a usufructuary interest in the land.
The case is reversed, and remanded for another hearing.
Judgment reversed.