· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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