Approval of Public Service Commission required.

- The right of condemnation given by former Code 1933, § 94-321 (see O.C.G.A. §§ 46-8-120 and46-8-121) cannot be exercised until the Railroad Commission (now Public Service Commission) shall first approve the taking of the property or right of way designated for the public use or uses desired. Tift v. Atlantic Coast Line R.R., 161 Ga. 432, 131 S.E. 46 (1925).

Protection of condemnee's property rights.

- Former Code 1933, § 94-321 (see O.C.G.A. § 46-8-120) was for protection of condemnee's property rights, and was a valuable safeguard against the condemnee's property being improvidently taken by railroad companies, and an attempt by a railroad to take the plaintiffs' property without complying with the mandate of the section amounts to an attempt to take the same without due process of law. Pickett v. Georgia, F. & A.R.R., 98 Ga. App. 709, 106 S.E.2d 285 (1958).

Applicability to railroad wanting to improve or replace previously constructed rights of way.

- Former Code 1933, § 94-321 (see O.C.G.A. § 46-8-120) did not apply to original construction, but was applicable to railroads which have previously laid out and constructed their rights of way and wish to improve their lines or relocate their tracks. Hightower v. Chattahoochee Indus. R.R., 218 Ga. 122, 126 S.E.2d 664 (1962).

Acquisition of unimproved land and condemnation of inhabited land by railroads.

- Former Code 1933, § 94-321 (see O.C.G.A. § 46-8-120) did not limit acquisition by railroad companies to unimproved land and did not restrict their power to condemn lands on which houses were situated. Landers v. Georgia Pub. Serv. Comm'n, 217 Ga. 804, 125 S.E.2d 495 (1962).

Cited in Ammons v. Central of Ga. Ry., 215 Ga. 758, 113 S.E.2d 438 (1960); Landers v. Georgia Pub. Serv. Comm'n, 217 Ga. 804, 125 S.E.2d 495 (1962); City of Doraville v. Southern Ry., 227 Ga. 504, 181 S.E.2d 346 (1971).

Am. Jur. 2d.

- 65 Am. Jur. 2d, Railroads, §§ 110 et seq., 241 et seq.

C.J.S.

- 74 C.J.S., Railroads, §§ 133 et seq., 743 et seq., 783, 802 et seq.

ALR.

- Right of grantor of railroad right of way or his privy to recover damages for interference with surface water by construction of road, 19 A.L.R. 487.

Right of railroad company in respect of material or mineral within right of way, 21 A.L.R. 1131.

Right of abutting owner to compensation for railroad in street under constitutional provision against damaging property for public use without compensation, 22 A.L.R. 145.

Assessment of railroad right of way for local improvements, 37 A.L.R. 219; 82 A.L.R. 425.

Liability of railroad company to property owner for change of grade incident to construction of overhead or underground crossing, 57 A.L.R. 657.

Limitation applicable to action or proceeding by owner for compensation where property is taken in exercise of eminent domain without antecedent condemnation proceeding, 123 A.L.R. 676.

Condemnation of premises or part thereof as affecting rights of landlord and tenant inter se, 163 A.L.R. 679.

Condemner's waiver, surrender, or limitation, after award, of rights or part of property acquired by condemnation, 5 A.L.R.2d 724.

Compensation for, or extent of rights acquired by, taking of land, as affected by condemner's promissory statements as to character of use or undertakings to be performed by it, 7 A.L.R.2d 364.

Spur track and the like as constituting a use for which railroad can validly exercise right of eminent domain, 35 A.L.R.2d 1326.

Admissibility, in eminent domain proceeding, of evidence as to price paid for condemned real property during pendency of the proceeding, 55 A.L.R.2d 781.

Admissibility, in eminent domain proceeding, of evidence as to price paid for condemned real property on sale prior to the proceeding, 55 A.L.R.2d 791.

What constitutes abandonment of railroad right of way, 95 A.L.R.2d 468.

Eminent domain: right of owner of land not originally taken or purchased as part of adjacent project to recover, on enlargement of project to include adjacent land, enhanced value of property by reason of proximity to original land - state cases, 95 A.L.R.3d 752.

Eminent domain: recovery of value of improvements made with knowledge of impending condemnation, 98 A.L.R.3d 504.

State statute of limitations applicable to inverse condemnation or similar proceedings by landowner to obtain compensation for direct appropriation of land without the institution or conclusion of formal proceedings against specific owner, 26 A.L.R.4th 68.

Interstate Commerce Commission's exercise of authority under § 223 of Staggers Rail Act of 1980 (49 USCS § 11103(c)) to require rail carriers to enter into reciprocal switching agreement, 105 A.L.R. Fed. 637.