Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Blount v. Chambers

The availability of two alternate reasonable routes to plaintiffs' landlocked property which had been in use by the public for over 40 years precluded the plaintiffs from seeking a private way over defendants' property.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Clint and Ruby Blount appeal from the trial court’s order denying their Petition for Condemnation of an Easement of Access over the Chambers’s property. In denying the Petition, the trial court found there were reasonable alternate routes by which the Blounts could access their property. We find no error and affirm.

The Blounts brought their petition for condemnation under OCGA § 44-9-40 a, which provides that the superior court has jurisdiction to grant private ways to individuals to go to and from their property. “In order to prove the necessity of a private way, OCGA § 44-9-40 b requires the condemnor to show that he has no reasonable means of access to his property. Where the condemnor proves that he has no access to his property, i.e., that it is landlocked, he makes out a prima facie case of necessity under the statute. The burden then shifts to the condemnee to prove that the condemnor has a reasonable means of access to the property.” Hensley v. Henry, 246 Ga. App. 417, 419 541 SE2d 398 2000. See also International Paper Realty Corp. v. Miller, 255 Ga. 676, 677 341 SE2d 445 1986.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
Associate Professor or Professor

The University of Iowa College of Law anticipates hiring lateral faculty members in the areas of Family Law and Business Law. APPLICATION ...


Apply Now ›
TRIAL ATTORNEY

NY auto defense firm seeks experienced TRIAL ATTORNEY to do trials, motions, court appearances, and depositions.Salary range 115K-150K depen...


Apply Now ›
ASSISTANT DEPUTY COUNSEL FOR THE NEW YORK STATE UNIFIED COURT SYSTEM

The New York State Unified Court System is one of the largest court systems in the nation with over 16,000 judges and non-judicial employees...


Apply Now ›
Go to Lawjobs