William E. Honey Bus. Interest LLLP v. Georgia Power Co.

William E. Honey Business Interest, LLLP Honey brought this action against Georgia Power Company to recover possession of a tract of land across which Georgia Power has an electric transmission line easement.1 Georgia Power acquired the easement by condemnation in 1984, but to date has not constructed the power lines across the property. Honey sought to regain the property, contending in his complaint that Georgia Power “has lost its right-of-way condemned across the property of plaintiff by not using it for the purpose for which it was originally taken, nor for any other public purpose, for a period of more than 20 years.”2 The parties filed cross-motions for summary judgment and the trial court entered an extensive order denying Honey’s motion and granting summary judgment to Georgia Power. This appeal followed.

1. Honey contends that the trial court erred in denying his motion for summary judgment because the property should revert to him under OCGA § 22-2-85. This Code section provides: “Upon the payment by the condemnor of the amount of the award, or the amount of the final judgment if there is an appeal, the condemnor shall become vested with such interest in the property taken as may be necessary to enable the condemnor to exercise his franchise or conduct his business. Whenever the condemnor ceases using the property taken for the purpose of conducting his business, the property shall revert to the person from whom taken, his heirs or assigns.”