Housing Authority of the City of Atlanta v. Craft

Full title: HOUSING AUTHORITY OF THE CITY OF ATLANTA v. CRAFT et al

Court: Court of Appeals of Georgia

Date published: May 28, 1981

282 S.E.2d 223 (Ga. Ct. App. 1981)

282 S.E.2d 223

Opinion

61396.

DECIDED MAY 28, 1981.

Condemnation of land. Fulton Superior Court. Before Judge McKenzie.

Lenwood A. Jackson, for appellant.

David H. Flint, for appellees.

POPE, Judge.

The circumstances of this case are indistinguishable from those set forth in Pickens County v. Darnell, 142 Ga. App. 281 ( 235 S.E.2d 677) (1977). "Under the mandate of the Constitution, that private property cannot be taken or damaged for public use without first paying just and adequate compensation to the owner, the payment of the amount of a jury verdict in excess of the prior appraisal by assessors, or special master, is a condition precedent to a valid appeal from such verdict and the judgment based thereon." City of Gainesville v. Loggins, 224 Ga. 114 ( 160 S.E.2d 374) (1968). Since that condition was not met, this appeal must be dismissed. Pickens County v. Darnell, supra; City of Douglas v. Carson, 118 Ga. App. 29 ( 162 S.E.2d 745) (1968).

Appeal dismissed. Quillian, C. J., and McMurray, P. J., concur.

DECIDED MAY 28, 1981.