February 06, 2007
An Eminent Domain Victory

From the AJC:

Stockbridge officials say they will drop their two-year effort to condemn and seize a flower shop in the Henry city for a town center project.

Stockbridge officials wanted Mark and Regina Meeks' Stockbridge Flowers and Gifts property for a town center project that would give Henry's largest town a true downtown.

City officials offered the Meeks money but balked at the couple's counteroffer.

The two sides reached a deal instead for the city to buy the property and give the couple retail space in the new town center. But the city backed out of that deal and decided instead to use eminent domain laws to condemn and acquire the property.

A Henry County judge ruled in 2006 that the city went too far in using eminent domain laws because it didn't prove the couple's property would be used for public purposes.

The Georgia Court of Appeals affirmed that ruling on Jan. 31.

Posted by E. Frank Stephenson at 09:53 AM in Law

The statesman who should attempt to direct private people in what manner they ought to employ their capitals would not only load himself with a most unnecessary attention, but assume an authority which could safely be trusted, not only to no single person, but to no council or senate whatever, and which would nowhere be so dangerous as in the hands of a man who had folly and presumption enough to fancy himself fit to exercise it. -Adam Smith

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