Citizens and taxpayers may seek to prevent illegal disposition of county property.

- Citizens and taxpayers of a county have such an interest in county property as will authorize them to seek to prevent an illegal disposition thereof; and, in their efforts to do so, they may enlist the aid of equity to enjoin any such attempted disposition and to cancel deeds to and contracts of sale of county property by which such an illegal disposition of such property is sought to be effectuated. Timbs v. Straub, 216 Ga. 451, 117 S.E.2d 462 (1960).

Separate action will not lie to enjoin condemnation.

- Since adequate and complete relief, equitable as well as legal, is afforded any person aggrieved by a condemnation proceeding brought under this article which permits intervention by such person in the condemnation proceeding itself, a separate action in equity will not lie to enjoin the condemnation proceeding or to contest the constitutionality of the act under which condemnation is proceeding. Mitchell v. State Hwy. Dep't, 216 Ga. 517, 118 S.E.2d 88 (1961).

Where condemnor pays award of assessors into registry of court as provided by this article, the condemnor is not thereafter concerned with its distribution. Kruetz v. Housing Auth., 107 Ga. App. 315, 130 S.E.2d 134 (1963).

Service of notice upon executor who is also owner.

- Although the plaintiff, in his capacity as executor, should have been served with notice of condemnation proceeding, the fact that he was served as one of eight "owners" of the land with notice gave him knowledge of the proceeding, and he could have intervened as executor to protect the interests of the estate under the provision of this section, that anyone claiming any interests or rights in the subject property might intervene in the condemnation proceeding, he was in no way harmed by reason of the condemnor's failure to give him official notice in his capacity as executor. Mitchell v. State Hwy. Dep't, 216 Ga. 517, 118 S.E.2d 88 (1961).

Fears of nuisance held too speculative to permit injunction.

- Fears of abutting landowners that land condemned for use as a football stadium would become a nuisance were too speculative to permit the enjoining of the condemnation. Herren v. Board of Educ., 219 Ga. 431, 134 S.E.2d 6 (1963).

City did make its interest known to the court where it filed a motion for a rehearing on the award contending the city did not receive the requisite notice of the motion to disburse the condemnation award, where the newly discovered deeds showed the city had an interest in the property, and where the award and the motion prayed for an equitable division of the proceeds. Hart v. City of Hamilton, 173 Ga. App. 135, 325 S.E.2d 791 (1984).

Cited in United States v. A Certain Tract or Parcel of Land, 47 F. Supp. 30 (S.D. Ga. 1942); Wilson v. State Hwy. Dep't, 85 Ga. App. 907, 70 S.E.2d 535 (1952); State Hwy. Dep't v. Hendrix, 215 Ga. 821, 113 S.E.2d 761 (1960); State Hwy. Dep't v. Taylor, 216 Ga. 90, 115 S.E.2d 188 (1960); Fourth Nat'l Bank v. Grant, 140 Ga. App. 78, 230 S.E.2d 60 (1976); Bankston v. City of Barnesville, 221 Ga. App. 446, 471 S.E.2d 543 (1996).

Am. Jur. 2d.

- 27 Am. Jur. 2d, Eminent Domain, §§ 392, 449-452.

9A Am. Jur. Pleading and Practice Forms, Eminent Domain, § 240.

C.J.S.

- 29A C.J.S., Eminent Domain, §§ 205, 237.

ALR.

- Right of adjoining landowners to intervene in condemnation proceedings on ground that they might suffer consequential damage, 61 A.L.R.2d 1292.