Large discretion in location of route.

- Where a railroad company has the right to condemn private property for public uses in the construction and operation of its road, it has a large discretion in the selection of a location for its route over such property; and unless such discretion has been abused, it will not be controlled or interfered with by the courts. Piedmont Cotton Mills v. Georgia Ry. & Elec. Co., 131 Ga. 129, 62 S.E. 52 (1908).

Testimony regarding road location admissible as to bad faith in selection.

- Upon the trial of a case wherein the owner of the property through which it is proposed to run such road complains that such discretion of the company has been abused by it, it is error to exclude testimony relevant and material upon the issue as to whether or not the company has acted in bad faith in the selection of such location. Piedmont Cotton Mills v. Georgia Ry. & Elec. Co., 131 Ga. 129, 62 S.E. 52 (1908).

Testimony of attempts by condemnor to acquire property admissible for injunction against condemnation.

- Upon the trial of a case wherein the owner of land seeks to have a party having the right of condemnation enjoined from condemning his land, it is not error to admit testimony of such condemnor that he made an effort, before instituting such condemnation proceeding, to acquire by contract the property sought to be condemned and failed in such effort. Piedmont Cotton Mills v. Georgia Ry. & Elec. Co., 131 Ga. 129, 62 S.E. 52 (1908).

Manner of exercise of eminent domain power.

- It was provided by former Civil Code 1910, § 2588 (see O.C.G.A. § 46-8-124) that in the event the company cannot procure from the owners title to the right of way or other lands necessary and proper for the construction of stations, terminal facilities, and the like, such property may be acquired in the manner prescribed in T. 22. Atlantic & B.R.R. v. Penny, 119 Ga. 479, 46 S.E. 665 (1904); Bibb Brick Co. v. Central of Ga. Ry., 151 Ga. 83, 105 S.E. 833 (1921).

When property of other railroad may be condemned.

- The property of another railroad company may be condemned if the property thus sought to be acquired is not actually used by the other company for railroad purposes, and will not be needed by that company for such purposes in the immediate future. Atlanta & W.P.R.R. v. Atlanta, B. & A.R.R., 124 Ga. 125, 52 S.E. 320 (1905).

Railroad taking easement of other railroad must pay compensation.

- Where a railroad lays its track in a city street with the permission of the city, it acquires an easement, and such easement will be as much protected from unlawful invasion as any other property right. The construction of a railroad track by another railroad across the street and its track amounts to a taking of its property by the crossing railroad, and the easement holder is entitled to have such construction enjoined until compensation is paid. Atlantic Coast Line R.R. v. Southern Ry., 214 Ga. 178, 104 S.E.2d 77 (1958).

Cited in Georgia Pub. Serv. Comm'n v. Central of Ga. R.R., 179 Ga. App. 415, 346 S.E.2d 568 (1986).

C.J.S.

- 74 C.J.S., Railroads, § 133 et seq.

ALR.

- Right and measure of compensation to owner of fee when telegraph or telephone line is erected along railroad right of way or highway, 8 A.L.R. 1293; 19 A.L.R. 383.

Nonperformance of executory promise by railroad company as ground for cancelation or rescission of deed to it, 13 A.L.R. 566.

Power of Public Utility Commission to require railroad company to grant or renew leases or other privileges on its right of way, 47 A.L.R. 109.

Right in respect of private crossing in absence of statutory or contractual provision in that regard where land is taken by or deeded to railroad for right of way, 122 A.L.R. 1171.

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

Width of way created by express grant, reservation, or exception not specifying width, 28 A.L.R.2d 253.

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.

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.

Compensation for diminution in value of the remainder of property resulting from taking or use of adjoining land of others for the same undertaking, 59 A.L.R.3d 488.

Eminent domain: consideration of fact that landowner's remaining land will be subject to special assessment in fixing severance damages, 59 A.L.R.3d 534.

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.

Eminent domain: possibility of overcoming specific obstacles to contemplated use as element in determining existence of necessary public use, 22 A.L.R.4th 840.

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.