concurring.
I concur in Justice Jordan’s opinion. In doing so, however, I would not want to be understood as limiting the plaintiffs right of recovery to the eminent domain provision (§ 2-301) of our Constitution: "Private property shall not be taken, or damaged, for public purposes, without just and adequate compensation being first paid ...” I would find that the right of a property owner to recover against a governmental body for damages to his property arises also from § 2-101 of our Constitution which provides that no person shall be deprived of his property except by due process by law.
According to Young v. McKenzie, 3 Ga. (Kelly) 31, 42 (1847), our eminent domain requirement of just and adequate compensation comes from the 29th chapter of Magna Charta, which is also the source of the due process provision. See Constitution of the United States of America, Revised and Annotated, Library of Congress, Amendment 5, pp. 1137-1138 (1972). Magna Charta provided: "No freeman shall be taken, or imprisoned, or be disseised of his freehold, or liberties, or otherwise destroyed, but by lawful judgment of his peers, or by the law of the land.” Young v. McKenzie, supra.