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

- Former Code 1933, §§ 84-321 and 94-322 (see O.C.G.A. § 46-8-121) 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).

Scope of Public Service Commission's approval power.

- The Public Service Commission's power to approve a railroad's condemnation for the relocation and expansion of its existing rail yard facilities includes the power to determine the necessity, propriety and expediency of the condemnation. Georgia Pub. Serv. Comm'n v. Central of Ga. R.R., 179 Ga. App. 415, 346 S.E.2d 568 (1986).

Commission determines whether condemnation serves public purpose.

- The commission, in ruling on the propriety of a condemnation of property by a railroad for the purpose of expansion and improvement, should seek to determine whether the condemnation serves a public purpose, not whether the condemnation "best serves" the public interest. Central of Ga. R.R. v. Georgia Pub. Serv. Comm'n, 257 Ga. 217, 356 S.E.2d 865 (1987).

Commission not obliged to approve condemnation for proposed purpose.

- Whether a more suitable site is proposed is not controlling because the Public Service Commission is not obliged to approve a condemnation under O.C.G.A. § 46-8-121 for a proposed purpose. Georgia Pub. Serv. Comm'n v. Central of Ga. R.R., 179 Ga. App. 415, 346 S.E.2d 568 (1986).

Cited in Ammons v. Central of Ga. Ry., 215 Ga. 758, 113 S.E.2d 438 (1960); Georgia Pub. Serv. Comm'n v. Central of Ga. R.R., 184 Ga. App. 241, 361 S.E.2d 723 (1987).

Am. Jur. 2d.

- 26 Am. Jur. 2d, Eminent Domain, §§ 20, 23, 51, 123, 137. 65 Am. Jur. 2d, Railroads, §§ 39, 42 et seq.

C.J.S.

- 29A C.J.S., Eminent Domain, § 33. 74 C.J.S., Railroads, §§ 133 et seq., 147, 148 et seq.

ALR.

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

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.

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.

Right to intervene in court review of zoning proceeding, 46 A.L.R.2d 1059.

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.

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

What constitutes abandonment of a 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.