Oglethorpe Power Corp. v. Goss

In Oglethorpe Power Corp. v. Goss 253 Ga. 644 (322 S.E.2d 887) (1985), the Supreme Court held that a prospective condemnor "has the right, incidental to its power of eminent domain, to enter private property in order to survey, inspect, and appraise the property." The Court also held that a prospective condemnor does not have to institute condemnation proceedings or compensate owners as a prerequisite to entering their property to conduct a preliminary survey or appraisal, although the entity is responsible for any damages which may occur during the process. Finally, the Court held that because the prospective condemnor had the right to enter the owner's property, the trial court erred in inquiring into the necessity of the purpose of the ultimate condemnation.