Georgia Transmission Corp. v. Worley

Consolidation of the condemnees' superior court appeals of three separate in rem cases, which the electric membership cooperative EMC filed to obtain easement rights across three parcels of adjacent property owned by condemnees, without the EMC's consent violated O.C.G.A. § 9-11-42 a of the Civil Practices Act.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In this condemnation action, Georgia Transmission Corporation “GTC” filed three separate in rem petitions to obtain easement rights across three parcels of adjacent property owned by Nellie Worley, Wendell and Margaret Puckett, and Tommy and Shelli Craig “condemnees”, respectively. Following an award by a special master on all three petitions, condemnees appealed to the superior court and moved to have the cases consolidated, which the court granted. GTC now appeals, arguing that the superior court’s consolidation of the three cases without GTC’s consent constituted legal error. For the reasons set forth infra , we agree and reverse. The record shows that in September 2008, GTC, an electric membership cooperative, sought to obtain easement rights across three parcels of contiguous property in Barrow County in order to construct, maintain, and operate electric transmission lines. The parcels of property over which the easement would cross are owned by members of the same family and have been used primarily for agricultural purposes for over 100 years. Specifically, the property includes a 2.03 acre tract owned by the Craigs and located on the northwest side of a two-lane county road; a 21.5 acre tract owned by Ms. Worley and bisected by the same county road; and a 74.93 acre tract owned by the Pucketts and located on the south side of the road.

On September 29, 2008, GTC filed three separate in rem condemnation petitions, pursuant to authority conferred upon it by Title 22, to obtain an easement across the three subject parcels of property. The condemnees were all represented by the same counsel, and based on an agreement by all parties, the same special master heard evidence pertaining to all three petitions over the course of a two-day hearing. Following that hearing, the special master made separate findings as to each petition and entered separate awards as to each condemnee.

Georgia Transmission Corp. v. Worley

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report