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· 4/29/1966

McCoy v. Sanders

Citations

  • 148 S.E.2d 902
  • 113 Ga. App. 565
  • 1966 Ga. App. LEXIS 1136

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that landowner is. not entitled to damages under Georgia Constitution for fish kill and damage to pond when police drained pond on plaintiffs property in search of murder victim
  • concluding that landowner is not entitled to damages under Georgia Constitution for fish kill and damage to pond when police drained pond on plaintiff's property in search of murder victim
  • holding damage to private property caused during a search for a missing person was a legitimate exercise of police power, thereby precluding inverse condemnation claim
  • no takings to drain a pond to look for a body
  • no takings to seize truck for failure to display proper identification
  • “This police power or the law of overruling necessity is not controlled by the constitutional limitation that private property shall not be taken for public use without compensation, which was not designed for, and should not be extended to such cases.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Eberhardt, Bell, Jordan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.