City of Atlanta v. Yusen Air & Sea Serv. Holdings Inc.

The city of Atlanta's declaration of taking violated O.C.G.A. § 32-3-6, because the authorizing ordinance allowed the City Attorney to choose between two alternative taking methods.

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Citing OCGA § 32-3-1 et seq., the City of Atlanta “the City” petitioned to condemn property owned by Yusen Air & Sea Service Holdings, Inc. and occupied by Yusen Air & Sea Service USA, Inc. collectively, “Yusen”. The trial court granted the petition and condemned the property. Yusen subsequently moved to set aside the taking under OCGA § 32-3-11. The trial court granted Yusen’s motion, and the City appeals.1 For reasons that follow, we affirm. 1. A trial court may set aside, vacate, or annul a declaration of taking under OCGA § 32-3-11 “in the following situations fraud or bad faith, the improper use of condemnation powers, the abuse or misuse of the condemnation powers, and ‘such other questions as may properly be raised.’ “2 We will not reverse the trial court’s findings on such issues if those findings are supported by any evidence.3

The record shows that, on December 11, 2001, the Atlanta City Council adopted an ordinance authorizing the City to acquire property for an expansion of Hartsfield International Airport known as the Fifth Runway Project. As stated in the ordinance, the public necessity for immediately acquiring all of the property within the limits of the established boundaries of said Fifth Runway Project to serve the above stated purposes is hereby declared; and, further, a finding is hereby made that the circumstances are such that it is necessary to proceed with condemnation proceedings by use of declarations of taking as a method of condemnation, as authorized by O.C.G.A. § 32-3-1, et seq ., and use of that method is hereby authorized for acquisition of properties within the project boundaries. The ordinance further directed the City Attorney or her designee

City of Atlanta v. Yusen Air & Sea Serv. Holdings Inc.

The city of Atlanta's declaration of taking violated O.C.G.A. § 32-3-6, because the authorizing ordinance allowed the City Attorney to choose between two alternative taking methods.

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