Certiorari was granted to review the decision of the Court of Appeals affirming the superior court's affirmance of the special master's order that disallowed condemnation of a parcel of land by the City of Atlanta on the ground that the city was " 'making an effort to take more land than is reasonably necessary for the accomplishment of the public purpose and that the reasons given for abandoning the previously acquired property in favor of the condemnation of the subject property are arbitrary, capricious and indicative of bad faith.' " City of Atlanta v. First National Bank, 154 Ga. App. 658, 659 (1980). We reverse. A court should not interfere with an exercise of the discretion of a condemning authority determining the necessity of taking land for public purposes and selecting the location and amount of land reasonably necessary unless the condemning authority abused its discretion or exceeded its authority. 1 This principle often has been stated in terms of "bad faith." 2 In the context of abuse by a public officer of his official discretion, the term "bad faith" has been sharply distinguished from negligence or bad judgment and has been equated with conscious wrongdoing motivated by improper interest or by ill will. 3 The term "bad faith" has been used side by side with the word "fraud" in describing those exercises of official discretion to condemn lands with which the courts will interfere. 4Bad faith in the sense of the foregoing decisions has not been found in the present case by the special master or the trial court. Neither has it been established that the city exceeded its lawful authority. Instead, the special master, the trial court and the Court of Appeals merely have substituted their discretion for that of the condemning authority as to whether the tract originally purchased was just as suitable, desirable or adequate for construction of the Metropolitan Atlanta Rapid Transit Authority (MARTA) "kiss-ride" parking lot as the tract sought to be condemned in the present case. Charles E. Watkins, Jr., Charles N. Pursley, Jr., Jefferson D. Kirby, III, for appellees. |