Department of Transportation v. Doss

Hill, Justice,

concurring.

I concur in the opinion and judgment of the court. The issue is whether the words "just and adequate compensation” include attorney fees and necessary expenses incurred by condemnees in eminent domain cases. Code Ann. § 2-301. The majority opinion finds that they do and I concur.

Moreover, in Bowers v. Fulton County, 227 Ga. 814 (183 SE2d 347) (1971), this court decided the question against condemnees. The vote in that case was 4 to 3. Less than a year ago, in White v. Georgia Power Co., 237 Ga. 341 (227 SE2d 385) (1976), this court decided the question in favor of condemnees. The vote was 4 to 3. We could in this case by 4 to 3 vote overrule White and reinstate *485Bowers.1 Our system cannot withstand such indecision. The public we serve would never understand it; indeed, would not and should not tolerate it. I concur in the judgment, also for stare decisis.

Then in the next case we could overrule this case, reinstate White and again overrule Bowers.