Georgia v. City of Chattanooga

Background

In this dispute, the State of Georgia owns about eleven acres in Chattanooga that it bought in 1852 for a railroad yard used by its Western and Atlantic Railroad. Since 1870 the railroad has been operated by lessee companies, and the current lease runs until 1969. The city of Chattanooga wants to extend a principal street across that yard. Chattanooga began Tennessee condemnation proceedings in Hamilton County naming Georgia and the railroad lessee as defendants; Georgia then filed a bill in this Court asking to stop the city from taking the land.

Reasoning

The Court considered whether Tennessee or the city could take land a sister State owns for a street. It held that land acquired by one State within another is subject to the laws and taking power of the state where it sits. By accepting Tennessee’s permission to acquire the railroad land, Georgia had given up claims of sovereign immunity over that property and could be treated like other owners. The Circuit Court in Hamilton County had already begun proceedings and had jurisdiction. The Court noted Georgia had notice and could defend in Tennessee courts, and that an opportunity to be heard before a legislative street ordinance is not required.

Real world impact

The decision leaves the Tennessee condemnation process available to Chattanooga and allows the city to proceed unless Tennessee courts rule otherwise. Georgia must raise its objections and seek compensation in the Tennessee courts first. Because the bill was dismissed without prejudice, Georgia can still seek review here if Tennessee courts deny federal constitutional protections.