United States Supreme Court Cases & Opinions

U.S. Supreme Court

Georgia v. Chattanooga, 264 U.S. 472 (1924)

Georgia v. Chattanooga

No. 21, Original

Argued on motion to dismiss December 3, 1923

Decided April 7, 1924

264 U.S. 472

Syllabus

1. Land acquired and held for railway purposes by one state within the borders of another with the latter's consent remains subject to the eminent domain of the state in which it lies and subject to be condemned by that state, or her authorized municipality, for a public street, in proceedings against the owner state, even though she has not consented to be sued. P. 264 U. S. 479.

2. Acceptance by Georgia of permission given her to acquire railroad land in Tennessee is inconsistent with an assertion of her own sovereign privileges in respect of such land, and amounts to consent that it may be condemned as may like property of others. P. 264 U. S. 482.

3. Lack of opportunity to be heard before passage of an ordinance opening a street furnishes no ground of complaint, since the taking is a legislative, and not a judicial, function, and an opportunity to be heard in advance need not be given. P. 264 U. S. 483.

4. In condemnation proceedings, personal service upon the owner is not essential; notice by publication is sufficient. Id.

5. A suit brought by a state in this Court to enjoin proceedings to condemn her land in another state begun by a city will be dismissed for want of equity where no complaint is made that the laws do not afford reasonable notice and opportunity to be heard before final determination of judicial questions involved in the condemnation proceedings, and where these afford a plain, adequate, and complete remedy at law. Id., .

Bill dismissed without prejudice.

On defendant's motion to dismiss a bill filed in this Court by the State of Georgia to enjoin the City of Chattanooga from prosecuting, in a court of Tennessee, proceedings to condemn part of a railroad yard, owned by the plaintiff within the city, and from interfering with the possession of the plaintiff and its lessee, etc.

Page 264 U. S. 478