Tag Archives: public use

Condemnor bears the burden of proof –GA 2006 Constitutional Amendment

Sabal Trail can’t just assert public use for its pipeline: it has to prove it, according to the Georgia Constitution.

The Constitutional Amendment referred to by the landowners Attorney Jonathan P. Waters at yesterday’s eminent domain hearing in Leesburg, GA passed 7 November 2006 by 1,622,403 to 338,876, or 82.7% to 17.3%. Here’s then-Governor Sonny Perdue’s press release when he signed the law to put it on the ballot, which includes this sentence:

Public benefit from economic development shall not constitute a public use.

So it would appear vague claims of tax revenue or illusory jobs are not enough, Sabal Trail.

Here’s the “neutral summary and explanation” required by Georgia state law: Continue reading →