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Ware v. Henry County Water & Sewerage Auth.

The county water and sewage authority has the power of condemnation since O.C.G.A. § § 36-82-60 et seq., gives the power of eminent domain to local public entities that have corporate powers and the right to issue revenue certificates and the act creating the Authority granted it the power to join the local governing authority in the issuance of revenue certificates.

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The Henry County Water and Sewerage Authority HCWSA initiated this action in Butts County Superior Court to condemn 4.34 acres owned by Marilyn Patrick Ware, James D. Patrick, Jr. and Alice Patrick Taunton in Butts County the “Patricks”. This condemnation action was filed in pursuit of HCWSA’s plan to build a reservoir that will straddle Henry and Butts Counties, and provide for Henry County’s future water needs. The special master in the case recommended that the Patricks’ property be condemned and that their compensation for the property be $16,000. The Patricks appealed the award of the special master to the superior court. The Butts County Superior Court later adopted the special master’s condemnation recommendation as the judgment of the court following the court’s denial of a motion to dismiss filed by the Patricks.1 The matter subsequently proceeded to trial on the issue of the property’s valuation, where the jury returned a verdict in favor of the Patricks in the amount of $43,400.

The Patricks appeal from various orders issued during the course of this long and complex litigation. We will address the pertinent procedural history in the context of the Patricks’ enumerations.

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