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Orr v. Georgia Transmission Corp.

The Court of Appeals erred in focusing on O.C.G.A. § 22-2-109 a in determining that the effective date of condemnation was filing of the condemnation petition, since it was undisputed that the condemnation in question was not for public road or street purpose, but for construction, operation, and maintenance of electric transmission and distribution lines.

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In this condemnation proceeding filed by the Georgia Transmission Corporation to acquire a right-of-way for electric power lines, the Superior Court of Forsyth County rejected a condemnee’s purported election of the date the condemnor amended the petition to delete an invalid “danger tree” maintenance easement as the date of taking and ordered that the date of taking was the date the condemnor filed its original petition. The condemnee appealed, and we affirmed the trial court’s decision in Orr v. Georgia Transmission Corp. , 280 Ga. App. 251 633 SE2d 564 2006. The Supreme Court of Georgia granted certiorari and reversed our decision in Orr v. Georgia Transmission Corp. , __Ga.__ __SE2d__ Case No. S06G1952, decided March 26, 2007. Accordingly, our decision in Orr v. Georgia Transmission Corp. , 280 Ga. App. 251 633 SE2d 564 2006, is vacated and the judgment of the Supreme Court is made the judgment of this Court. Judgment reversed. Johnson, P.J. , and Miller, J., concur .

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