Tag Archives: public utility

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