Department of Transportation v. Mixon

Summary

The Supreme Court of Georgia held that the Just Compensation Provision waives sovereign immunity for certain inverse-condemnation claims seeking injunctive relief. The waiver applies when prepayment is constitutionally required but has not occurred, or when the government has taken or damaged property without invoking eminent-domain procedures; any injunction may only stop the taking or damaging until the government fulfills its legal obligations. The court affirmed because GDOT had neither compensated Mixon nor invoked eminent-domain procedures, while emphasizing that the ruling did not establish her entitlement to an injunction on the merits.