# Appendix — Brown. v. Georgia Power Co.

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## Record

- **Collection:** Supreme Court brief
- **Document type:** Appendix
- **Published:** January 1, 1974
- **Citation:** 419 U.S. 838

## Text

Diane

S. K, BROWN, Plaintiff- Appellant,
Vv.

GEORGIA POWER COMPANY et al.,
Defendants- Appellees.

No. 73-3569
Summary Calendar.*

United States Court of Appeals,
Fifth Circuit.

March 14, 1974.

Condemnee brought civil rights action against
condemning public utility, alleging denial of pro-
cedural due process in eminent domain proceeding
in state trial court. The United States District
Court for the Southern District of Georgia at
Augusta, Anthony A, Alaimo, J., —— F.Supp.—,
granted defendant’s motion for summary judg-
ment, and plaintiff appealed. The Court of

* Rule 18, 5th Cir., Isbell Enterprises, Inc.
v. Citizens Casualty Company of New York
et al., 5th Cir., 1970, 431 F.2d 409, Part 1.

og

App. 2

Appeals held that the proper forum for plain-
tiff’s due process complaints was state appel-
late courts.

Affirmed.

Courts 489(1)

Proper forum for condemnee’s complaints
of denial of procedural due process in eminent
domain proceeding in state trial

App. 26
4,

Said condemnor is attempting to deprive
condemnee of his property without due process
of law, and deprive condemnee: of his property
under the misrepresentation of eminent domain, .
without just compensation. Condemnor is will-
ing to expend large sums of money extracted
from the public as a public utility, but is un-
willing to pay condemnee reasonable prices
for his industrial property.

3.

That the condemnation of the said 228.8
acres in question was taken from condemnee
in violation of his rights under the Constitu-
tion of the United States and the State of Geor-
gia, more specifically, his right not to have
his property taken without due process of law
and just compensation.

(s)
Glenn B, Hester
Attorney for Condemnee

(s)

J. Carlisle
Attorney for Condemnee
(continued on next page)

App. 27
OF COUNSEL:

Sanders, Hester, Holley,
, Askin & Dye

206 7th Street

Augusta, Georgia

(C ertificate of Service)

Filed in Office

This 9th Day of

Sept. 1971 .
Clerk, Superior Court
Burke County, Ga.

App. 28

CHAPTER 36-8. CONDEMNATION, ETC., BY

Sec.
36-801.

36-802.
36-803.
36-804.
36-805.
36-806.
36-807,
36-808.
36-809.
36-810.
36-811.

36-812,

POWER COMPANIES,

Water power owners may purchase,
lease, or condemn easements; pay-
ment of compensation.

Payment of compensation or damages.

‘‘Public road’’ and ’’public highway”’
defined.

Acquisition of right to flood roads
and highways.

Appeal to superior court.

Rights pending the appeal.

Right of action of owner of damaged
property not prejudiced.

Condemnation of road or highway. No-
tice.

Procedure. Officers notified to act
for State or county.

Condemned road not to be used until
new road approved.

When and how interest in property may
be condemned,

Acquistion of certain mills, factories,
etc.

36-801. (5240) Water power owners may pur-

ON eA Oho wm

ae ene

es ee ae Tees

App. 29

chase, lease, or condemn easements; payment
of compensation.—Any corporation or individual
owning or controlling any water power, or lo-
cation for steam plant hereinafter mentioned,
and operating or constructing or preparing to
construct thereon a plant or works for gen-
erating electricity by water or steam power,
to be used for the purpose of lighting towns
or cities, or supplying motive power to rail-
road or street car lines, or supplying light,
heat or power to the public, shal! have the right
to purchase, lease or condemn rights-of-way
or other easements over the lands of others
in order to run lines of wires, maintain dams,
flow backwater or for other uses necessary
to said purposes, upon first paying just com-
pensation to the owner of the iand to be affect-
ed. (Acts 1897, p. 68.)

4s

App. 30
STATE OF GEORGIA) IN THE SUPERIOR COURT
)
COUNTY OF BURKE) FOR SAID STATE AND
COUNTY
GEORGIA POWER COMPANY
CIVIL ACTION,
FILE NO, 512
CONDEMNOR
VS,
228.8 Acres in the 66th GM
District, Burke County,
Georgia, and

S. K. BROWN, 3019 Park ORDER OF COURT
Avenue, Augusta, Georgia TO STRIKE POR-

ET Al, TIONS OF CONDE-
MNEE'SS NOTICE
OF APPEAL
CONDEMNEE

The motion of Condemnor, Georgia Pow-
er Company, in the above cause to strike por-

ee a

_"

App. 31

tions of Condemnee’s notice of appeal having
come on for hearing and after argument of

counsel it is:

CONSIDERED, ORDERED AND ADJ UDGED
that said motion be, and the same is hereby
granted, and paragraphs:

One (1), two (2), three (3), four (4), and
five (5) of Condemnee’s ‘‘Appeal to the Sup-
erior Court’’ of Burke County, Georgia, are
hereby stricken and ordered expunged from
the record in said cause.

Counsel for Condemnee is hereby direc-
ted to prepare and file a revised notice of
appeal within thirty days from date of this
order pursuant hereto.

(s)
JS.C.A.C.

FILED IN OFFICE
THIS 24th DAY OF
April, 1972

Clerk, Superior Court
Burke County, Ga.

-+ nag

App. 32

An examination of the Certified Record in
this cause reveals that there is not present
in that Record any Notice of any Hearing in
the Superior Court of Burke County, Georgia
preceeding the two orders filed the 24th day
of April 1972, striking from Condemnee’s No-
tice of appeal and Condemnee’s Record all
reference to the Constitutional questions and
legality of the taking by Georgia Power Co-
mpany.

IN THE SUPERIOR COURT OF
P"'RKE COUNTY, GEORGIA

GEORGIA POWER COMPANY
CIVIL ACTION, FILE NO, 512
VS.

228.8 Acres in the 66th GM
District, Burke County,
Georgia, and

S.K, BROWN, 3019 Park Avenue,
Augusta, Georgia

DARL Re 1B LANAI Gin Gh Set ole Sites Ae er ha Ue aa a

App. 33

FARMERS PRODUCTION CREDIT
ASSOCIATION, 6th Street, Waynesboro,
Georgia,

HONORABLE MRS, MARY O, HERRINGTON
Ordinary Burke County, Georgia

HONORABLE MRS, JOHN R, DINKINS
Tax Commissioner, Burke County,
Georgia

SAM STORY MOBLEY, Waynesboro,
Georgia

BURKE COUNTY HUNTING CLUB,
Waynesboro, Georgia

BURNIS COLEMAN, RFD, Waynesboro,
Georgia

Now comes S.K, BROWN and 228.8
acres, Condemnees in the above styled action,
and file this their answer to Petitioner’s pe-
tition for condemnation.

1.

Condemnee admits that part of para-

RO BAL BAP

App. 34

graph one of Condemnor’s petition that Condem-
nor is chartered only to produce electricity
by water and steam power, but is without suf-
ficient information or knowledge to form a
belief as to the truth of the facts alleged in
the remainder of paragraph one.

2.

Condemnee is without sufficient infor-
mation or knowledge to form a belief as to
the truth of the facts alleged in paragraph two,
but furth states that if Condemnor has possible
violated its rights under eminent domain in
other areas since Condemnor is proceeding
outside of its rights and powers in this action.

3.

Condemnee is without sufficient informa-
tion or knowledge to form a belief as to the
truth of the facts alleged in paragraph three
as to Condemnor’s petition, but denies that the
said area described in paragraph three is 228.8
acres.

A Cai tian ee Toe) ee CES” Sn ee ale CAE Seba Bidet

van Be bs

App. 35
4,

Condemnee denies paragraph four of
Condemnor’s petition, and further states that
Condemnor is taking condemned property in
violation of the Constitution of the United St-
ates and the State of Georgia as to due process
of law and just and adequate compensation.

3.

Condemnee is without sufficient informa-
tion or knowledge to form a belief as to the
truth of the facts alleged in paragraph five of
Condemnor’s petition.

6.

Condemnee denies paragraph six of Co-
ndemnor’s petition.

7.

Condemnee admits that part of parag-
raph seven that a Special Master was appointed
in these proceedings, but denies that part of
paragraph seven that there is a necessity for
a quick and effective determination of the just

pisarsenn sone

App. 36

and adequate compensation to be paid to Co-
ndemnee for the lands sought to be condemned
in this action,

8.

Condemnee admits paragraph eight of
Condemnor’s petition.

Condemnee admits paragraph nine of
Condemnor’s petition.

(s)
Glenn B. Hester
Attorney for Condemnee

(s)
J. Carlisle Overstreet
Attorney for Condemnee

This is to certify that I have,
prior to filing, served a copy
of the within and foregoing pl-
eading on opposing counsel as
required by law.

Sanders, Hester, Holley, Ash-
more & Boozer

ep athe! eae |

abe SE FEE nah ia fescue us

App. 37

FILED IN OFFICE
THIS 10th DAY OF
Sept. 1971

Clerk, Superior Court
Burke County, Ga.

STATE OF GEORGIA) INTHESUPERIOR COURT

)
COUNTY OF BURKE)FOR SAID STATE AND
COUNTY

GEORGIA POWER COMPANY CIVIL ACTION,
CONDEMNOR FILE NO, 512

=

VS.

228.8 Acres in the 66th GM
District, Burke County,

Georgia, and

S. K, BROWN, 3019 Park ORDER TO STR-

Avenue, Augusta, Georgia IKE CONDEMNEES

ET AL., ANSWER
CONDEMNEE

The motion of Georgia Power Company, Co-
ndemnor, in the above cause to strike the Co-
ndemnee’s answer filed in the Superior Court

App. 38

of Burke County, Georgia, on Condemnee’s ap-
peal to the Superior Court of Burke County,
Georgia, having come on for hearing and after
argument of counsel it is:

CONSIDERED, ORDERED AND ADJUDGED th-
at said motion be, and the same is hereby
granted, and the clerk of said court is hereby
ordered to strike and expunge said answer
from the record in said cause. This 19th
day of April, 1972.

(s)
J.S.C.A.C,

FILED INOFFICE
THIS 24th DAY OF
APRIL 1972

Clerk, Superior Court
Burke County, Ga.

lan So Mls ag iia Ra Ry

iinicaaainiaiy aacie eee citaiis

App. 39

IN THE SUPERIOR COURT OF
BURKE COUNTY, GEORGIA

GEORGIA POWER COMPANY
versus 5
CIVIL ACTION FILE NO, 512

In Rem Condemnation Proceedings

All that tract or parcel of land sftuate, lying
and being in the 66th G,M, District of Burke
County, Georgia, and being more particularly
described as follows: BEGINNING at an iron
pin‘ corner common to lands of James Mathis
and lands of S,K, Brown, said corner having
a co-ordinate value of X 624,998.938 and Y
1,147,251.011 as determined by the Plane Co-
ordinates of ‘‘The Georgia Co-ordinate Sys-
tem, East Zone’’, said corner is iocated on
the Westerly edge of the Savannah River; th-
ence from said Point of Beginning Southeast-
erly along the Westerly edge of said River
the following bearings and distances: South
47 deg. 31’ 20’’ East 458.20 feet to a point;
thence South 39 deg. 39’ 03’’ East 280.45 feet
to a point; thence South 35 deg. 18’ 18’’ East
278.45 feet to a point; thence South 30 deg.
41’ 43°’ East 156.16 feet to a point; thence
South 42 deg. 02’08’’ East 246.83 feet to a

ak Ee.

App. 40

point; thence South 34 deg. 59; 38;; East 326.
48 feet to a point; thence South 35 deg. 55’
19” East 294.47 feet to a point; thence South
40 deg. 45’ 21’ East 470.85 feet to an iron
pin; thence leaving said Westerly edge of said
River South 42 deg. 18’ 01’? West along the
dividing line between lands of Kimberly-Clark
Corporation and lands of S,K, Brown 2418.45
feet to an iron pin; thence South 59 deg, 18’
01’’ West along said dividing line 1683.75 feet
to an iron pin; thence South 59 deg. 18’ 01’
West along the dividing line between lands of
Roberts-Augusta, Inc. and lands of S.K, Brown
261.25 feet to an iron pin; thence North 26
deg. 40’ 03’’ West along the dividing line be-
tween lands of Elizabeth Barefield and lands
of S.K. Brown 2606.23 feet to an iron pin;
thence North 63 deg. 47’ 27” East ‘along the
dividing line between lands of Charlie Mathis
and lands of S,K. Brown 1167.97 feet to an
iron pin; thence North 63 deg, 42’ 41’ East
along the dividing line between lands of Daisy
Harper and lands of S.K, Brown 234.80 feet

- to an iron pin; thence North 53 deg. 56’ 22”

East along said dividing line 276.76 feet to

~an iron pin; thence North 53 deg. 56’ 22”

East -along the dividing line between lands of
James Mathis and lands of S.K, Brown 949.34

Vere Se 4

Sih DSS eR A AP BI ae on RG

aE SG tei Be EE MS ees cs

NOPE LSE ARIA Bl SBI NE EIR AR BEN HOGT

App. 41

feet to an iron pin; thence North 45 deg. 16’
12’? East along said dividing line 232.65 feet
to an iron pin; thence North 27 deg. 49’ 41’’
East along said dividing line 995.28 feet to
an iron pin and the Point of Beginning, con-
taining 228.8 acres, more or less, and being
more particularly shown according to a plat
of survey made for Georgia Power Company
Land Department, prepared by George D, Ta-
bakian, Registered Land Surveyor, dated Au-
gust 6, 1971, attached hereto and made a part
hereof, |

The above described tract of land is all of

' that land lying and being in the 66th G,.M,

District of Burke County, Georgia, said tract
is more particularly described in Deed dated
April 14, 1964.from Burnis Coleman to S,K,
Brown which is recorded in Deed Book 73,
Page 597 in the Office of the Clerk of Super-
ior Court of Burke County, Georgia. _

AND

1. S.K. Brown, 3019 Harper Street, Augusta,
Georgia

2. Farmers Production Credit Association,

A Rsagpesicinen pend srininas ORS TEES. 5
i

App. 42
6th Street, Waynesboro, Georgia

3. Honorable Mrs. Mary O, Herrington, Or-
dinary, Burke County, Georgia

4. Honorable Mrs. John R, Dinkins, Tax Co-
mmissioner, Burke County, Georgia

5. Sam Story Mobley, Waynesboro, Georgia

6. Burke County Hunting Club, Waynesboro,
Georgia

7. Burnis Coleman, RFD, Waynesboro, Geor-
gia

And
to any and all persons having or claiming any
right or interest in and to said described lands.

to superior court of said county

NOW COMES the GEORGIA POWER
COMPANY, of the State of Georgia, as Peti-
tioner and Condemnor, and, in the exercise
of its power of eminent domain, brings this
action for condemnation in accordance with the

App. 43

provisions cf its Charter and the laws of the
State of Georgia, in such cases made and pro-
vided, acting under proper corporate authority
duly granted by its Board of Directors, and
under the provisions and by the Authority of
and Act of the General Assembly of Georgia,
approved March 13, 1957 (Ga. Laws 1957, Page
387; Ga. Code Annotated Chapter 36-6A), as
amended by Act Number 558 of the General
Assembly of Georgia approved April 18, 1967
(Ga. Laws 1967, Page 825), and respectfully
shows to the court:

1.

That Petitioner is a corporation char-
tered and organized under the laws of the State
of Georgia, for the purpose of owning and con-
trolling water powers, erecting dams, construc-
ting steam plants, generating electricity by wa-
ter and steam power, erecting and operating
substations, transmission and distribution lines,
transmitting and distributing electricity to be
sold and used for lighting towns and cities, for
supplying motive power to railroads street car
lines and industries, for supplying light, heat
and power to the public generally, both urban
and rural, with the right to exercise eminent
domain for the aforesaid purposes.

App. 44
domain for the aforesaid purposes.
im

That Petitioner owns and controls water
powers, steam plants, substations, transmission
and distribution lines in this state, and is op-
erating said plants and works, generating el-
ectricity by water and steam plants, used for
lighting cities and towns, supplying motive power
to railroads, street car lines and industries,
supplying light, heat and power to the public
generally; that it owns, operates and maintains
a system of electric generating plants, sub-
stations, transmission and distribution lines with
wires, fixtures and appliances, including over-
head and underground protective wires, is gen-
erating, transmitting, distributing and is propo-
sing to generate, transmit and distribute elec-
tricity for the aforesaid purposes.

3.

This petition in rem is brought by
the Georgia Power Company to acquire by co-
ndemnation the unencumbered fee simple title
to the hereinafter described tract of land, to-
gether with all appurtenences and im-

a a

App. 45

provements located thereon, the same being
required in order to construct, operate and
maintain an electric generating plant and other
necessary facilities which will become a compo-
nent part of Georgia Power Company’s network
of generating, transmission and distribution sys-
tem, and to prohibit any person, firm, or cor-
poration from entering in or upon said tract,
and will be for the public purpose of genera-
ting, transmitting, and distributing electric cur-
rent to the public generally, said tract being
described as follows:
All that tract or parcel of land situate,
lying and being in the 66th G.M. Dis-
trict of Burke County, Georgia, and
being more particularly described as
follows: BEGINNING at an iron pin
corner common to lands of James Ma-
this and lands of S.K, Brown, said
corner having a co-ordinate value of
X 624,998.938 and Y 1,147,251.011 as
determined by the Plane Co-ordinates
of ‘‘The Georgia Co-ordinate System,
East Zone’’, said corner is located on
the Westerly edge of the Savannah Ri-
ver;thence from said Point of Begin-
ning Southeasterly along the Westerly
edge of said River the following bear-

App. 46

ings and distances: South 47 deg.

- 31’ 20” East 458.20 feet to a point;

thence South 39 deg. 39’ 03’’ East

286.45 feet to a point; thence South
35 deg. 18’ 18’ East 278.45 feet to
a point; thence South 30 deg. 41’ 43”’
East 156.16 feet to a point; thence So-
uth 42 deg. 02’ 08” East 246.83 feet
to a point; thence South 34 deg. 59’
38’’ East 326.48 feet to a point; thence
South 35 deg. 55’ 19’ East 294.47 feet
to a point; thence South 40 deg. 45’
21” East 470.85 feet to an iron pin;
thence leaving said Westerly edge

of said River South 42 deg. 18’ 01’
West along the dividing line between
lands of Kimberly-Clark Corporation
and lands of S,K. Brown 2418.45 feet
to an iron pin; thence South 59 deg.
18’ 01’ West along said dividing line
1683.75 feet to an iron pin; thence
South 59 deg. 18’ 01’ West along the
dividing line between lands of Roberts-
Augusta, Inc. and lands of S.K. Brown
261.25 feet to an iron pin; thence North
26 deg. 40’ 03’’ West along the divid-
ing line between lands of Elizabeth
Barefield and lands of S.K, Brown 2606.23

App. 47

feet to an iron pin; thence North 63
deg. 47’ 27°’ East along the dividing
line between lands of Charlie Mathis
and lands of S.K, Brown 1167.97 feet
to an iron pin; thence North 63 deg.
42’ 41’? East along the dividing line be-
tween lands of Daisy Harper and lands
of S.K. Brown 234.80 feet to an iron
pin; thence North 53 deg. 56’22”’ East
along said dividing line 276.76 feet to
an iron pin; thence North 53 deg. 56’
22”? East along the dividing line be-
tween lands of James Mathis and lands
of S.K. Brown 949.34 feet to an iron
pin; thence North 45 deg. 16’ 12”’ East
along said dividing line 232.65 feet to
an iron pin; thence North 27 deg. 49’
4)” East along said dividing line 995.28
feet to an iron pin and the Point of
Beginning, containing 228.8 acres, more
or less, and being more particularly
shown according to a plat of survey
made for Georgia Power Company Land
Department, prepared by George D, Ta-
bakian, Registered Land Surveyor.

App. 48

4,

Petitioner stands ready to pay just and
adequate compensation for said tracts of land,
apportenances, and improvements located
thereon.

5.

The owners, lien holders, and any other
persons known and unknown claiming any right,
title, power, interest, ownership, equity, claim
or demand in and to said land and all occu-
pants, tenants, leasees, and licensees are made
parties defendant to this action to the end that
they may come into court and make claim to
such interest or ownership or other right as they
have in the same and to the proceeds arising
therefrom.

6.

Because Petitioner believes that the title
of the apparent or presumptive owner of such
property is defective, doubtful, incomplete or
in controversy; or that there are or may be
persons unknown or non-resident who have or
may have come claim or demand thereon, or

2S Sa 8 PER SOE TINE NS RNS SERS OO AL Re IN TP EET ELT D>

wee Pe ee Tea

App. 49

some actual or contingent interest or estate
therein; or that there are minors or persons
under disability who are or may be interested
therein; or that there are taxes due or that
should be paid thereon; and therefore, Peti-
tioner has concluded that it is desirable to
have a judicial ascertainment of any question
connected with the acquisition by Petitioner of
such lands by the exercise of the power of
eminant domain, Petitioner brings this petition
in this court, having jurisdiction of this action,
for a judgment in rem against the above des-
cribed property, condemning the same to the
use of Petitioner, upon payment of just and
adequate compensation therefore to the person
or persons who may be found to be entitled
to such payment,

7.

Petitioner shows that this is a case
which, under the provisions of the aforesaid
Act of the General Assembly requires the ap-
pointment of a Special Master, accountable to
this Court and discharging his duties under
its supervision, to determine and adjudge the
fair and lawful, compensation to be paid the
owners of said property under the provisions
of the Constitution and laws of this State, it
having been determined, by your Petitioner,

AC

=

PALS PETIE GP eT ee

App. 50

of the Constitution and laws of this State, it
having been determined, by your Petitioner,
that there is a necessity for a quick and eff-
ective determination of the just and adequate
compensation to be paid to the owner or owners
of the lands sought to be condemned as af-
oresaid.

8.

Petitioner shows that the above des-
cribed tract of land sought to be condemned
was conveyed from Burnis Coleman toS.K, Brown
by Deed dated April 14, 1964 which is recorded
in Deed Book 73, Page 597 in the Office of the
Clark of Superior Court of Burke County, Ge-
orgia.

9.

Petitioner further shows that the above
described lands are subject to the following
Liens and Leases:

Deed to Secure Debt from oe. $.X.
Brown to Farmers Production Credit Associa-
tion dated April 22, 1964 which is recdrded
in Deed Book 72, Page 444 in the office of the
Clerk of Superior Court of Burke County, Ge-

eK So a riedastite

App. 51

Deed to secure Debt from S,K, Brown
to Farmers ion Credit Association dated
July 7, 1971 record said Clerk’s office
in Deed Book 86, Page 217.

Deed to Secure Debt from Dr. S.K,
Brown to Farmers Production Credit Associa-
tion dated June 7, 1967 which\is recorded in
Deed Book 78, Page 406 in the\ Office of the
Clerk of Superior Court of Burke\County, Ge-
orgia. Sam Story Mobley clai ownership
for his lifetime of a building on said property,
which is not a matter of public record; and
information has been furnished that Burke Co-
unty Hunting Club has a hunting lease or rights
that are not a matter of public record, and po-
ssible oral agricultural lease to Burnis Coleman.

10.

Petitioner alleges on information and
belief that S.K, Brown is in possession of the
said described property and as far as Peti-
tioner has been able to ascertain, the names
and addresses of all persons who may have
or claim some right, title or interest in the
land sought to be condemned or to be affted
hereby are

App. 52 \

l. S.K. Brown, ‘a Harper Street,
Augusta, Georgia .
2. Farmers Sicilians Credit As-
sociation, 6th Street, Waynes-
boro, Georgia

3. Honorable. Mrs. en .O. Her-
rington, Ordinary, Burke Co-
unty, Georgia

4. Honorable Mrs. John R, Dinkins.
Tax Commissioner, Burke
County, Georgia

5. Sam Story Mobley, Waynesboro,
Georgia

6. Burke County Hunting Club, .
ynesboro, Georgia \

7. Burnise Coleman, RFD, Waynes-
boro, Georgia

al

App. 53

WHEREFORE Petitioner prays as follows:

(a) For an order of this Court referring the
issues herein made to a Special Master,
and for the appointment of such Special
Master;

(b) For an order of this Court requiring the
defendants named herein and all persons
known and unknown, who may claim or have
an interest in said land, to appear before
such Special Master at a time and place
to be set by the Court, to make known their
right, ownership and interest in said land,
and their claims as to the value of same;

pe ee ee Pe ee ee

(c) That the order provide for a copy of this
; petition and of this order be served in the
4 manner provided for in the said Act ap-
proved March 18, 1957 (Ga. Laws 1957, Page
387; Ga. Code Annotated Chapter 36-6A);
as amended by an act approved March 10,
1966 (Ga. Laws 1966, Page 388; Ga. Code
Section 36-610A) upon:

(1) The person in possession of the pro-
perty, if any there be:

(2)

(3)

(4)

App. 54

Each person resident in the state
of Georgia who is named in the pe-
tition as having a possible interest in
said described property;

The Ordinary of said County, who
shall represent and act for any unknown
owner, unborn remainderman, and for
any minors, or other persons who are
non compos mentis, or otherwise in-
competent; who may have any title,
interest, claim or demand in and ag-
ainst said land;

Each person non-resident of the state
of Georgia, if any there be, who is
named in the petition as having a pos-
sible interest in said described pro-
perty. The sheriff, or any lawful
deputy of said County shall serve said
non-residents by posting a copy of the
petition together with this order on
the bulletin board at the courthouse
door of said County for not less than
five days prior to the time of the
hearing before the Special Master, and
by the insertion of a ‘notice, identi-
fying the property sought to be con-

App. 55

-demned, as well as the date and place
| of the hearing before the Special Mas-
: : ter, in the newspaper having general
circulation in said County and being
| | the same newspaper in which the sh-
; eriff’s advertisements are published,
and such publication to be made in
at least one issue of such newspaper
after the date of this order,, and not
less than four nor more than seven
days before such hearing before the
Special Master; and where the add-
ress of such non-residents is known,
by mailing to them by registered mail ©
a copy of this petition and order;

ee ER OT SS TN OT EO en ee ae

/ (d) That such order require the Special Mas-
ter to made an award as by the aforesaid sta-
tute provided, and to made a return of his
actings and, doings to connection therewith to
‘this Court and that, upon payment of such aw- |
. | ard into the Registry of the Court, the Court
decree and adjudge the absolute fee simple
title in and to said lands, free of lien and
encumbrance, to vest in Petitioner.

This 11th day of August, 1971.

App. 56

GEORGIA POWER COMPANY

By:

Senior Vice President

Assistant Manager Land Department

IN THE SUPERIOR COURT OF
BURKE COUNTY, GEORGIA

GEORGIA POWER COMPANY
Versus

CIVIL ACTION FILE NO, 512

In Rem Condemnation Proceedings

228.8 acres in 66th G.M, District of

Burke County, Georgia

and

S.K, BROWN, et al ORDER

The Foregoing petition read and considered,
It is ordered that the same be filed.

It is further ordered that R,U, Harden, a
competent attorney at law, residing in the Au-
gusta Judicial Circuit and of more than three
(3) years experience in the practice of law,
is hereby appointed a Special Master in and
for the Augusta Judicial Circuit to discharge

ouet dk pada

App. 57

the duties of Special Master in this case as
provided for by the Act of the General Assem-
bly approved March 13, 1957, (Ga. Laws 1957,
Page 387; Ga. Code Annotated Chapter 36-6A),
as amended by Act Number 558 of the General
Assembly of Georgia approved April 8, 1957
(Ga. Laws 1967, Page 825), and that he made and
file in the Office of the Clerk of Superior
Court of Burke County the oath and affidavit
required by Section 8 of the aforesaid Act
of the General Assembly.

It is further ordered that all persons owning
or claiming any right, title, interest, claim
or demand, or lienors, tenants, lessees or any
other person at interest, in and to the land
described in the foregoing petition, appear be-
fore such Special Master in Courtroom of the
Burke County Courthouse in Waynesboro, Ge-
orgia, on the 24 day of August 1971, at 10 o’-
clock, A.M, and then and there to make known
their rights, title and claim, and the value

me x GPO Ee eee
place, the Special. Master herein named shall
proceed to hear evidence as to the value of
the property sought to be condemned, all as

Ne es —
E ete a eee ae

App. 58

provided by law, and that after hearing such
evidence, and after making such personal in-
spection of the property as he may desire,
such Special Master shall make and file with
the Clerk of this Court an award and report
of his findings, as provided for in the afore-
said Act of the General Assembly, and such
award shall be filed with such Clerk within
three (3) days from the date of such hearing,
and, ;

It is further ordered that a copy of the
petition and of this order be served in the
manner provided for in the said Act approved
March 13, 1957 (Ga. Laws 1957, Page 387; Ga.
Code Annotated Chapter 36-6A), as amended
by an Act approved March 10, 1966 (Ga. Laws
1966, Page 388; Ga. Code Section 36-6]0-A)
upon:

(a) The person in Possession of the pro-
perty as described in the foregoing petition,
if any there be;

(b) Each person resident in the State of
Georgia who is named in the petition as having
a possible interest in said described property;

App. 59

(ec) The Ordinary of said County who shall
stand in the place of and protect the rights
of all unknown parties, unborn remaindermen
and for any minors, or other persons who are
non compos mentis, or otherwise incompetent,
who may have any title, interest, claim or de-
mand in and against said property;

(d) Each person non-resident of the State
of Georgia, if any, named in the petition as
having a possible interest .in said described pr-
operty. The sheriff, or any lawful deputy of
said County shall serve non-residents by post-
ing a copy of the petition together with this
order on the bulletin board at the courthouse
door of said County for not less than five days
prior to the time of the hearing before the
Special Master, and by the insertion of a notice
identifying the property sought to be condemned,
as well as the date and place of the hearing
before the Special Master, in The True Citi-
zen, the official organ of said County for one
issue, the date of which shall be not less than
four nor more than seven days prior to said
hearing before the Special Master, and where
the address of such non-residents is known,
by mailing to them by registered mail a copy
of the petition and this order.

App. 60

Dated this the llth day of August, 1971
(s) :
Judge of Superior Court

Augusta Judicial Circuit

SUPERIOR COURT
CIVIL ACTION FILE NO, 512

CITATION

GEORGIA, BURKE COUNTY.
TO:

> 2 Brown, 3019 Harper Street,
Augusta, Georgia

2. Farmers Production Credit As-
sociation, 6th Street, Waynes-
boro, Georgia

3. Honorable Mrs. Mary O. Herr-

ington, Ordinary, Burke County,
Georgia

4. Honorable Mrs. John R, Dinkins,
Tax Commissioner, Burke County,
Georgia

EL eS LE ON sae

App. 61

5. Sam Story Mobley, Waynesboro,
Georgia

6. Burke County Hunting Club, Way-
nesboro, Georgia

7. Burnis Coleman, RFD, Waynesboro,
Georgia

And

to any and all other persons having or claim-
ing any right, title of interest in and to the
hereinafter described lands.

The GEORGIA POWER COMPANY has
filed its petition to acquire by condemnation
the unencumbered fee simple title to a tract
of land for the purpose of locating an elec-
tric generating steam plant and other neces-
sary facilities thereon, said tract is more pa-
rticularly described below:

All that tract or parcel of land situ-
ate, lying and being in the 66th G,M,
District of Burke County, Georgia, and
being more particularly described as
follows: BEGINNING at an iron pin
corner common to lands of James

= os eee | << - "
ints ti eee —— :

App. 62

Mathis and lands of S.K, Brown, said
corner having a co-ordinate value of
X 624,998.938 and Y 1,147,251.011 as
determined by the Plane Co-ordinates
of ‘‘The Georgia Co-ordinate System,

East Zone’’, said corner is located on
the Westerly edge of the Savannah Ri-
ver; thence from said Point of Be-
ginning Southeasterly along the West-
erly edge of said River the following
bearings and distances: South 47 deg.
31’ 20” East 458.20 feet to a point;
thence South 39 deg. 39’ 03” East
280.45 feet to a point; thence South
35 deg. 18’ 18’’ East 278.45 feet to a
point; thence South 30 deg. 41’ 43°"
East 156.16 feet to a point; thence So-
uth. 42 deg. 02’ 08” East 246.83 feet
to a point; thence South 34 dog. 59”
38”’ East 326.48 feet to a point; thence
South 35 deg. 55’ 19’ East 294.47 feet
to a point; thence South 40 deg. 45’
21’ East 470.85 feet to an iron pin;
thence leaving said Westerly edge of
said River South 42 deg. 18’ 01’ West
along the dividing line between lands
of Kimberly-Clark Corporation and la-
nds of S,K, Brown 2418.45 feet to an

App. 63

iron pin; thence South 59 deg. 18’ 01’’
West along said dividing line 1683.75
feet to an iron pin; thence South 59
deg. 18’ 01’? West along the dividing
line between lands of Roberts-Augusta,
Inc. and lands of S.K, Brown 261.25
feet to an iron pin; thence North 26
deg. 40°03” West along the dividing
line between lands of Elizabeth Ba-
refield and lands of S.K. Brown 26-
06.23 feet to an iron pin; thence No-
rth 63 deg. 47’ 27°’ East along the 2
dividing line between lands of Char-
lie Mathis and lands of S.K. Brown
1167.97 feet to an iron pin; thence No-
rth 63 deg. 42’ 41’’ East along the
dividing line between lands of Daisy
Harper and lands of S.K, Brown 234.80
feet to an iron pin; thence North 53
deg. 56’ 22” East along said dividing
line 276.76 feet to an iron pin; thence
North 53 deg. 56’ 22’’ East along the
dividing line between lands of James
Mathis and lands of S.K. Brown 949.34
feet to an iron pin; thence North 45
deg. 16’ 12’’ East along said dividing
line 232.65 feet to an iron pin; thence
North 27 deg. 49’ 41’’ East along said

EIS LE LED OTE REE: 88 ETON Na SER ea Re GEER LR a REE, GID, 1a eaagemennel

a oe ee)

App. 64

dividing line 995.28 feet to an iron
pin and the Point of Beginning, con-
taining 228.8 acres, more or less, and
being more particularly shown accor-
ding to a plat of survey made for
Georgia Power Company Land Depart-
ment, prepared by George D, TABA-
ment, prepared by George D, Taba-
kian, Registered Land Surveyor, dated
August 6, 1971, attached to said petition.

The above described tract of land is
all of that land lying and being in the
66th G.M, District of Burke County
Georgia, said tract is more particular-
ly described in Deed dated April 14,
1964 from Burnis Coleman toS.K, Brown
whick is recorded in Deed Book 73,
Page 597 in the Office of the Clerk
of Superior Court of Burke County,
Georgia.

NOW, THEREFORE, you and each of you
are required to be and appear before R.U.Ha-
rden, Special Master in Courtroom Burke Cou-
nty Courthouse in Waynesboro, Georgia, on the
24 day of August, 1971, at 10 o’clock A.M. to
make known your rights or interest, if any,
in and to said described property and your

en de i a ee ee A ee ee eee
.

os

App. 65

claims of the value thereof, and any other mat-
ters material to your respective rights.

Witness the Honorable William M, Flem-
ing, Jr., Judge, Superior Court, Augusta Judicial
Circuit, this the llth day of August 1971.

(s) sh
Clerk, Superior Court, Burke County, Georgia

GEORGIA, RICHMOND COUNTY

I have this day served the Condemnee, S.K,
BROWN at 7:49 p.m., 3019 Park Lane, person-
ally, with a copy of the within petition and order.

This 12th day of August, 1971.

(s)
Deputy Sheriff

IN THE SUPERIOR COURT OF
BURKE COUNTY, GEORGIA

CIVIL ACTION, FILE NO, 512
GEORGIA POWER COMPANY

VS,

App. 66.

228.8 acres in the 66th GM
District, Burke County,
Georgia, and

S.K. BROWN, 3019 Park Avenue,
Augusta, Georgia

FARMERS PRODUCTION CREDIT ASSOCIAT-
ION, 6th Street, Waynesboro, Georgia

HONORABLE MRS, MARY 0, HERRINGTON,
Ordinary, Burke County, Georgia

HONORABLE MRS, JOHN R, DINKINS,
Tax Commissioner, Burke County,
Georgia

SAM STORY MOBLEY, Waynesboro,
Georgia

BURKE COUNTY HUNTING CLUB,
Waynesboro, Georgia

BURNIS COLEMAN, RFD, Waynesboro,
Georgia.

Se eT ee PPM, LR OOO LIES MOE MIS LIENERT ETO AS PK SIE a SET ATONE TS SHI

sini inhale as ee TTS ET ee ree

App. 67

AN ORDER

It appearing that Glenn B, Hester, at-
torney for S.K, BROWN and 228.8 acres having
just been employed on August 16, 1971, by said
S.K. BROWN and 228.8 acres, IT IS ORDERED,
as agreed by all parties concerned, that the
attorney for S.K, BROWN and 228.8 acres shall
have a 5-day continuance from the date of this
Order to thoroughly prepare and familiarize
themselves with all facets of the above cap-
tioned proceeding.

IT IS FURTHER ORDERED that the
hearing before a Special Master be continued
for the 5-day period herein described, and as
set out under Georgia Code Annonated, Title
36, Section 6ll-a, and the hearing to be set
for August 31, 1971, at 11:00 A.M, in Burke
County, Georgia.

This 23rd day of August, 1971.

(s)
William M, Fleming, Jr., Judge of the
Superior Courts of the Augusta Judicial
Circuit

In Rem Condemnation Proceedings

App. a
IN THE SUPERIOR COURT OF
BURKE COUNTY, GEORGIA

GEORGIA POWER COMPANY
versus
CIVIL ACTION FILE NO, 512

RETURN OF SPECIAL MASTER

I, R,U. HARDEN, the Special Master app-
ointed and chosen by the Court to hear evidence,
give full consideration to all matters touching
upon the value of the property sought to be
condemned, as shown by the description of the
property in the case of Georgia Power seal
pany, Condemning Body, versus

All that tract or parcel of land situate,
lying and being in the 66th G.M. District
of Burke County, Georgia, and being
more particularly described as follows:
BEGINNING at an iron pin corner com-
mon to lands of James Mathis and lands
of S.K. Brown, said corner having a
co-ordinate value of X 624,998.938 and
Y 1,147,251.011 as determined by the Pl-
ane Co-ordinates of ‘The Georgia Co-

\

PIRSA DL y WHY DERE URINE AO ODA AaP ORLA OB Oe SS TNE FREI Gey POET NO LP OE

App. 69

ordinate System, East Zore’’, said cor-
ner is located on the Westerly edge of
the Savannah River; thence from said
Point of Beginning Southeasterly along
the Westerly edge of said River the
following bearings and distances: So-
uth 47 deg. 31’ 20’’ East 458.20 feet
to a point; thence South 39 deg. 39’
03’’ East 280.45 teet to a point; thence
South 35 deg. 18’ 18’’ East 278.45 feet
to a point; thence South 30 deg. 41’
43’’ East 156.16 feet to a point; thence.
South 42 deg. 02’ 08’’ East 246,83
feet to a point; thence South 34 deg.
59’ 38’ East 326.48 feet to a point;
thence South 35 deg. 55’ 19’ East 294.47
feet to a point; thence South 40 deg.
45’ 21” East 470.85 feet to an iron
pin; thence leaving said Westerly edge
of said River South 42 deg. 18’ 01’’
West along the dividing line between |
lands of Kimberly-Clark Corporation
and lands of S.K, Brown 2418.45 feet
to an iron pin; thence South 59 deg.
18’ 01’ West along said dividing line
1683.75 feet to an iron pin; thence
South 59 deg. 18’ 01’’ West along the
dividing line between lands of Roberts-

App. 70

Augusta, Inc. and lands of S.K, Brown
261.25 feet to an iron pin; thence No-
rth 26 deg, 40’ 03’ West along the
dividing line between lands of Eliza-
beth Barefield and lands of S.K, Brown
2606.23 feet to an iron pin; thence No-
rth 63 deg. 47’ 27’ East along the
dividing line between lands of Charlie
Mathis and lands of S,K, Brown 1167.97
feet to an iron pin; thence North 63
deg. 42’ 41’’ East along the dividing
line between lands of Daisy Harper and
lands of S,K, Brown 234.80 feet to an
iron pin; thence North 53 deg. 56’
22’’ East along said dividing line 276.76
feet to an iron pin; thence North 53
deg. 56’ 22’’ East along the dividing
line between lands of James Mathis
and lands of S.K, Brown 949.34 feet
to an iron pin; thenceNorth 45 deg.
16’ 12’’ East along said dividing line
232.65 feet to an iron pin; thence No-
rth 27 deg. 49’ 41’’ East along said
dividing line 995.28 feet to an iron
pin and the Point of Beginning, con-
taining 228.8 acres, more or less, and
being more particularly shown accor-
ding to a plat of survey made for
Georgia Power Company Land Depart-
ment, prepared by George D, Tabaki-
an, Registered Land Surveyor,

ae ae

App. 71

ding to a plat of survey made for Ge-
orgia Power Company Land Department,
prepared by George D, Tabakian, Re-
gistered Land Surveyor, dated August
6, 1971, attached to said petition.

The above described tract of land is
all of that land lying and being in the
66th G.M. District of Burke County,
Georgia, said tract is more particularly
described in Deed dated Aprii 14, 1964
from Burnis Coleman to S.K, Brown
which is recorded in Deed Book 73,
Page 597 in the Office of the Clerk
of Superior Court of Burke County,
Georgia.

AND

1. S.K. Brown, 3019 Harper Street,
Augusta, Georgia

2. Farmers Production Credit Asso-
ciation, 6th Street, Waynesboro, Georgia

3. Honorable Mrs. Mary O, Herr-
ington, Ordinary, Burke County, Georgia

ee

App. 72

4. Honorable Mrs. John R, Dinkins,
Tax Commissioner, Burke County, Georgia

5. Sam Story Mobley, Waynesboro,
Georgia

6. Burke County Hunting Club, Wa-
ynesboro, Georgia

7. Burnish Coleman, RFD, Waynes-
boro, Georgia

RETURN OF SPECIAL MASTER (continued)
CIVIL ACTION FILE NO, 512

and having first taken the oath as required by
law of the Special Master, the same having been
filed with the Clerk of the Superior Court of
Burke County, which is the county of my resi-
dence and having heard evidence under oath
and given consideration to the value of such
property on the 3ist day of August, at ll o’-
clock A,M., as provided for in the order of
the Court, do decide and recommend to the
Court as follows, to wit:

1. I find and award to S.K,. Brown, Con-
demnee, the sum of $55,750.00 as the actuai

App. 73

value of the property sought to be condemned,
except as to a clubhouse on the property which
the said S.K, Brown stipulated to be the proper-
ty of Sam Story Mobley and which the said Sam
Story Mobley and Condemnor stipulated to have
a value of $3,000.00, and I therefore find and
award to the said Sam Story Mobley, Condem-
nee, the sum of $3,000.00 as the actual value
of said clubhouse; and I further find and award
to Burnis Coleman, Condemnee, the tenant far-
ming said lands, the sum of $1,750.00 as the
actual value of the crops of said tenant on
the lands sought to be condemned, it having
been stipulated that this is the value of the
crops that had been agreed upon by the Con-
demnor and said Burnis Coleman;

2. I find consequential damages to the
remaining property in the amount of $ NONE;

3. I find consequential benefits to the re-
maining property in the amount of $ NONE;

4, Balancing the consequential benefits ag-
ainst the consequential damages, I find andaward
to condemnees in this case, namely, S.K, Brown
the total sum of $55,750.00, Sam Story Mobley
the total sum of $3,000.00, and Burnis Coleman
the total sum of $1,750.00; and I respectfully
recommend to the Court that the said property
be condemned by a judgment in rem to the use

App. 74

of the condemnor upon the payment of the last
stated sums into the registry
This 2nd day of September, 1971.

(s)
Special Master

GEORGIA, BURKE COUNTY,

I, RAYMONG N, DELAIGLE, Clerk of the
Superior Court in and for said County, hereby
certify that the above is a true and correct
copy of RETURN OF SPECIAL MASTER, in the
above stated case, as the same appears of file
and of record in Civil Action number 512, in
Minute Book EE, Page 318, 325 and in Deed Book
, page —————— in this office.

WITNESS my hand and seal of said Court,
this 2nd day of September, 1971.

(s)
Clerk, Superior Court, Burke County, Georgia

FILED IN OFFICE
THIS 2nd DAY OF
Sept., 1971

(s)
Clerk, Superion Court
Burke County, Ga.

3
som - — . mith TON A PLE LDL YLT MENTE LF. IS CRT IE PRIE
( Pe = re

Ce ee oS at TS OBC UN Rm Hin SO Sy

App. 75
SUPERIOR COURT j
CIVIL ACTION FILE NO, 512

GEORGIA, BURKE COUNTY.
JUDGMENT OF COURT
It appearing to the Court that:

Special Master duly appointed and qualified
has made an award and finding in the above
stated case;

All provisions of law as to service and
notice on all partice interested in the proper-
ty described in the petition have been complied
with, pursuant to orders and directions of the
Court consistent with justice and due process
of laws:

It is decreed, ordered and adjudged that
all the property described in this petition, to-
wit:

All that tract or parcel of land situate,
lying and being in the 66th G.M, Dis-
trict of Burke County, Georgia, and
being more particularly described as

—_—EEE7E CBRE LENCE Fe AEE POE De oS ceo! BB aD

App. 76

follows: BEGINNING at an iron pin
corner common to lands of James Ma-
this and lands of S.K, Brown, said
corner having a co-ordinate value of
X 624,998.938 and Y 1,147,251.011 as
determined by the Plane Co-ordinates
of “The Georgia Co-ordinate System,
East Zone’’, said corner is located
on the Westerly edge of the Savan-
nah River; thence from said Point of
Beginning Southeasterly along the West-
erly edge of said River the following
bearings and distances: South 47 deg.
31’ 20’ East 458.20 feet to a point;
thence South 39 deg. 39’ 03’’ East 280.45
feet to a point; thence South 35 deg.
18’ 18’? East 278.45 feet to a point;
thence South 30 deg. 41’ 43’ East 156.16
feet to a point; thence South 42 deg.
02’ 08°’ East 246.83 feet to a point;
thence South 34 deg. 59’ 38”’ East 326.48
feet to a point; thence South 35 deg.
55’ 19’ East 294.47 feet to a point;
thence South 40 deg. 45’ 21’ East 470.85
feet to an iron pin; thence leaving said
Westerly edge of said River South 42
deg. 18’ 01’ West along the dividing
line between lands of Kimberly-Clark

PP OAR NOSE A OOO, TO Rw

App. 77

Corporation and lands of S.K, Brown
2418.45 feet to an iron pin; thence
South 59 deg. 18’ 01’? West along said
dividing line 1683.75 feet to an iron
pin; thence South 59 deg. 18’ 01’’ West
along the dividing line between lands
of Roberts-Augusta, Inc. and lands of
S.K. Brown 261.25 feet to ar iron pin;
thence North 26 deg. 40’ 03’’ West along
the dividing line between lands of Eli-
zabeth Barefield and lands of S.K, Br-
own 2606.23 feet to an iron pin; thence
North 63 deg. 47’ 27”’ East along the
dividing line between lands of Charlie
Mathis and lands of S,K, Brown 1167.97
feet to an iron pin; thence North 63
deg. 42’ 41’’ East along the dividing
line between lands of Daisy Harper
and lands of S.K. Brown 234.80 feet
to an iron pin; thence North 53 deg.
56’ 22’? East along said dividing line
276.76 feet to an iron pin; thence No-
rth 53 deg. 56’ 22’’ East along the
dividing line between lands of James
Mathis and lands of S.K. Brown 949,34
feet to an iron pin; thence North 45
deg. 16’ 12”’ East along said dividing
line 232.65 feet to an iron pin; thence

a ~ —— RTE TAN RL LI EEE A

App. 78

North 27 deg. 49’ 41’’ East along said
dividing line 995.28 feet to an iron
pin and the Point of Beginning, con-
taining 228.8 acres, more or less, and
being more particularly shown according
to a plat of survey made for Georgia
Power Company Land Department, pr-
epared by George D, Tabakian, Regis-
tered Land Surveyor, dated August 6,
1971, attached to said petition.

The above described tract of land is
all of that land lying and being in the
66th G.M, District of Burke County,
Georgia, said tract is more particul-
arly described in Deed dated April 14,
1964 from Burnis Coleman toS.K, Brown
which is recorded in Deed Book 73,
Page 597 in the Office of the Clerk
of Superior Court of Burke County,
Georgia.

AND

1, S.K, Brown, 3019 Harper Street,
Augusta, Georgia

2. Farmers Production Credit Asso-

AB TREAT NE CEL ATONE RIL OL IS NTE NAOT EAS ATE: Ha Pe PETE TT

App. 79

ciation, 6th Street, Waynesboro, Ge-
orgia

3. Honorable Mrs. Mary O, Herring-
ton, Ordinary, Burke County, Georgia

4. Honorable Mrs. John R, Dinkins,
Tax Commissioner, Burke County, Ge-

orgia

5. Sam Story Mobley, Waynesboro,
Georgia

6. Burke County Hunting Club, Wa-
ynesboro, Georgia

7. Burnis Coleman, RFD, Waynesboro,
Georgia

JUDGMENT OF COURT (continued)

CIVIL ACTION FILE NO, 512

be, and the same is hereby condemned in fee
simple; and upon the payment of the sum of
$55,750.00 for S.K, Brown, Condemnee, the sum
of $3,000.00 for Sam Story Mobley, and the
sum of $1,750.00 for Burnis Coleman, the Pl-
aintiff, Georgia Power Company, and its suc-

—___™ Se INR Reet

App. 80

cessors and assigns, are hereby vested with
full, complete, and unencumbered fee simpletitle
to all the land, improvements and appurten-
ances described in the petition.

Let this order be filed as part of the
record in this case.

This 2nd day of September, 1971.

File No.
Hour Filed M,
Date Filed, May 3, 1972
(s)
Deputy Clerk Superior Court
Burke County, Georgia

(s)
Judge, Superior Court, .
Augusta Judicial Circuit

GEORGIA, BURKE COUNTY,

I, RAYMOND N. DELAIGLE, Clerk of the
Superior Court in and for said County, hereby
certify that the above is a true and correct
copy of JUDGMENT OF COURT, in the above
stated case, as the same appears of file and
of record in Book No. EE, Page No, 318-325
in my office.

WITNESS my hand and seal of said Court,

App. 81
this 2nd day of September, 1971.

(s) :
Clerk, Superior Court, Burke County, Georgia

Burke County, Georgia
Real Estate Transfer Tax
Paid $56.00

‘., Date September 3, 1971

(s)
Clerk of Superior Court

BURKE SUPERIOR COURT
NO, 512

GEORGIA POWER COMPANY, Plaintiff
vs.
S.K, BROWN, ET AL., Defendant

MOTION FOR NEW TRIAL

S.K. Brown, defendant above named, moves
the court to set aside the verdict returned
herein on August 29, 1972, and the judgment
entered thereon on September 1, 1972, and to
grant a new trial on the following grounds:

B

App. 82
(1) The verdict is contrary to law.

(2) The verdict is contrary to the evi-
dence.

(3) The verdict is strongly against the
weight of the evidence.

Dated: September 28, 1972

(s)
Jerry M, Daniel

(s) ee
George W, Fryheier
ATTORNEYS FOR MOVANT

217 East Sixth Street
Waynesboro, Georgia 30830

P.O, Box 66
Waynesboro, Georgia 30830

Rule Nial and Supersedeas

The foregoing motion read and considered.
Counsel for the opposing party is (are) hereby
ordered to show cause before me on the 3]
day of October, 1972, at 10:30 o’clock A.M.

me SOE 2 SLES

App. 83

at the Courthouse in Augusta, Georgia, why the
motion should not be granted.

Let this order act as a supersedeas until
further order of court. In the meantime and
until the final hearing of said motion, whenever
the same may be had, movant is allowed to
amend and perfect the motion, and to prepare
and present for approval, a transcript of the
evidence and proceedings, which transcript may
be filed in the Clerk’s office at any time within
ten (10) days after the motion is heard and
determined.

If for any reason, said motion is not heard
and determined at the time and place above
fixed, it is ordered that the same be heard and
determined at such time as may be agreed upon
by counsel, and upon failure to agree, then at
such time and place as the presiding Judge may
fix, on the application of either party, of which
time and place the opposite party shall have
at least five days’ notice; and if for any rea-
son this motion is not heard and determined be-
fore the beginning of the next term of this
court, then the same shall stand on the docket
until heard and determined at any term there-
after.

App. 84
This 28 day of September, 1972

(s)
Judge, Burke Superior Court

IN THE SUPERIOR COURT FOR THE
COUNTY OF BURKE, STATE OF GEORGIA
CIVIL ACTION, FILE NO, 512

JUDGMENT

GEORGIA POWER COMPANY, CONDEMNOR,
Vs.
S.K. BROWN, ET AL,, CONDEMNEE,

This action came on for trial before the
Court and a jury, the Honorable F, Frederick
Kennedy presiding, and the issue having been
duly tried and the jury having duly rendered
its verdict therein in favor of the Condemnee,
the sum of Seventy Thousand ($70,000.00) Do-
llars compensation for loss of land; and,

It appearing to the Court that the Con-
demnor deposited into the Court the sum of
Fifty-five Thousand, Seven Hundred Fifty ($-
55,750.00) Dollars.

App. 85

IT IS THEREFORE, CONSIDERED, OR-
DERED AND ADJUDGED, that the Condemnee,
S.K.Brown, et al., have and recover of the
Condemnor, Georgia Power Company, the sum
of Seventy Thousand ($70,000.00) Dollars toget-
her with interest on the sum of Fourteen Th-
ousand, Two Hundred Fifty ($14,250.00) Dol-
lars at the rate of seven (7%) per cent per
annum from September 2, 1971, and all costs
of Court.

IT IS FURTHER ORDERED that the Cl-
erk of the Superior Court apply upon payment
of this Judgment said sum of Fifty-five Thou-
sand, Seven Hundred Fifty ($55,750.00) Dollars
and in the event said sum has been disbursed
to the Condemnee that he credit this Judgment
with said sum,

This Ist day of September, 1972.

(s)
F, Frederick Kennedy, Judge, Superior
Court, Richmond County, Georgia.

App. 86

This statement is born out by the Record
of the trial which Petitioner has been unable
to obtain.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385607_2010%3A2. Public record. Not legal advice.