The State CANNOT take Property Without Due Process

It is good to know that the things we learned in middle school civics remain true.  We learn, for example, that  though the various levels of government do have the power to take property, that taking cannot happen without due process and compensation.  On September 10, the Supreme Court of Georgia announced its decision in Adkins v. Cobb County, which made it clear just how important due process is.

Some background is needed.  When a county wants to take property (for example, for the construction of a road), the county has to "declare" the taking.  There is then a time period during which the property owner can respond and try to prevent the taking.  The statutes are written in such a way to ensure that these matters are handled promptly, requiring a hearing within 60 days of the objection.  In Adkins, the court did not schedule a hearing within the 60 day period and then ruled that because there was no hearing within the 60 day period, the property owner had lost its chance to protest.

The Supreme Court of Georgia overturned that ruling.  (Yet, there was no headline about "the government" being restrained from a land grab.)  In essence, the court ruled that the 60 day requirement is a requirement on the trial court, not a responsibility of the party having its property taken.  If the trial court could not get its act together soon enough, it could set a hearing outside of the 60 days and still allow a challenge to the taking of property.

This is good news.  Someone should note it.