Central Ga. Power Co. v. Mays
| Decision Date | 15 November 1911 |
| Citation | 72 S.E. 900,137 Ga. 120 |
| Parties | CENTRAL GEORGIA POWER CO. v. MAYS. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
On the hearing of a proceeding to condemn private property for public purposes as provided by statute, and to assess damages for same, it is error for the court to charge the jury that "the right of enjoyment of private property being an absolute right of every citizen, every act of another which unlawfully interferes with such enjoyment is a cause of action." Such charge may mislead the jury into believing that the condemnation proceedings were unlawful and that they should assess damages accordingly.
In condemnation proceedings authorized by the statute, the willingness or unwillingness of the property owner to part with his property is not a subject-matter of consideration. The statute (Civil Code 1910, § 5206 et seq.) provides how damages to private property condemned for public purposes may be assessed.
In assessing damages, under the facts in this case, there are two elements to be considered: First, the market value of the property actually taken; and, second, the consequential damages which naturally and proximately arise to the remainder of the owner's property from the taking of that part which is taken and devoting it to public purposes.
It cannot be assumed in condemnation proceedings that there will be negligent construction or operation, so as to cause damages in excess of that which would naturally and proximately result from the construction and operation of a transmission line across the property sought to be condemned.
It is not error for a court, in condemnation proceedings, to allow the plaintiff's witness on cross-examination to answer the question, by saying, "It might, if any one wanted to use it"-- the value of the land for building purposes being one element in ascertaining what the market value of said land was.
It is not error for the court to overrule an objection to the following question, propounded to and answered by the defendant in proceedings to condemn land for public purposes "How much do you say the transmission line depreciates the market value of your land there?" Answer "Ninety dollars an acre"-- where the witness has already testified what the market value of the land was before and after the transmission line was built.
It is not error to allow plaintiff's witness in condemnation proceedings, on cross-examination, to answer the question, "Do you think that transmission line would have any effect on this property [the property of defendant in issue] for building purposes?" when taken in connection with the testimony of other witnesses, who testified as to the market value of the land before and after the transmission line was built.
Error from Superior Court, Butts County; R. T. Daniel, Judge.
Condemnation proceedings by the Central Georgia Power Company against R. W. Mays. Judgment for defendant, and plaintiff brings error. Reversed.
Walter T. Johnson, for plaintiff in error.
H. M. Fletcher, for defendant in error.
The Central Georgia Power Company, a corporation chartered under the laws of Georgia, sought to condemn certain lands in Butts county belonging to the defendant, R. W. Mays, under Civil Code 1910, § 5206 et seq., for the purpose of erecting, maintaining, repairing, and patrolling "a single line of towers, and wires strung upon the same, and from tower to tower, for the transmission of high and low voltage electric current, and also a telephone or telegraph line upon said towers, with all the necessary foundations, anchors, braces, cables, wires, appliances, and fixtures necessary to properly construct, support, protect, and operate the same upon and over and across" the land described in the notice, which was given by the Central Georgia Power Company to the defendant, Mays. Assessors were duly appointed, and they selected a third. The assessors awarded for "the rights of way and other interests and easements sought to be condemned" the sum of $10, and as consequential damages to the property not taken they awarded the sum of $25, and for the consequential benefits nothing. From this award the defendant, Mays, took an appeal to the superior court of Butts county. On the trial of the case in the superior court, the jury found for Mays the sum of $215, and judgment was had upon said verdict accordingly. Whereupon the plaintiff in error made a motion for a new trial upon the various grounds set forth therein, which was overruled by the court, and plaintiff in error (the condemnor) excepted.
1. In the view we take of this case, it will not be necessary to consider each ground of the motion for a new trial separately, inasmuch as the principles of law here ruled may be applied to the various grounds covered by the motion. One ground of the motion for a new trial is as follows "Because the court erred in charging the jury as follows: The right of enjoyment of private property being an absolute right of every citizen, every act of another which unlawfully interferes with such enjoyment is a cause of action."' We think this charge was calculated to mislead the jury. The condemnor in this case, as appears from the record, was proceeding under the statutes of this state to exercise the right of eminent domain in the assessment of damages to the right of way through the lands of the defendant in error. It was proceeding, as the record discloses, in an orderly and lawful manner, as authorized by Civil Code 1910, § 5206 et seq., to condemn a right of way through the defendant's land. It was not insisted that the plaintiff in error did not have the right under the law, or procedure, to condemn the right of way for purposes stated in the notice; and therefore, in the exercise of this lawful right and authority, the effort to condemn according to the statute could not properly be termed an unlawful interference with the enjoyment of the property by the owner; and the use of the language by the court to the jury to the effect that, "the right of...
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