Title 22 — Eminent Domain
0 chapters · 91 sections in this title.
O.C.G.A. § 22-2-102 Proceeding before superior courts
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Order to appear, §22-2-132. Equitable disposition of assets. Publication of order, §23-2-97. Equity. Interlocutory orders, §23-4-34. Interlocutory orders, §23-4-34. ORDINANCES. Sewage systems and waterworks. Consent for condemnation, §22-3-60. 581 INDEX ORDINANCES —Cont’d Waterwo…
O.C.G.A. § 22-2-102.1 Petitioning superior court for judgment in rem
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In addition to the requirements set forth in Code Section 22-1-10, whenever it shall be necessary for such condemning body to take or damage private property, or any interest or easement therein, in pursuance of any law so authorizing, for any public use, and where, by reason of …
O.C.G.A. § 22-2-102.2 Contents of petition
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The petition referred to in Code Section 22-2-102.1 shall set forth: (1) The facts showing the right to condemn; (2) The property or interest to be taken or damaged; (3) The names and residences of the persons whose property or interests are to be taken or otherwise affected, so …
O.C.G.A. § 22-2-103 Appointment of special master generally
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The special master provided for in this article shall be appointed by the judge or judges of the superior courts of each judicial circuit and shall discharge the duties provided for in this article. Nothing contained in this article shall be construed as limiting the number of sp…
O.C.G.A. § 22-2-104 Appointment of special master form
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Substantially, the following form should be used in appointing a special master: , a competent attorney at law, residing in the Judicial Circuit, and of at least three years’ experience in the practice of law, is hereby appointed a special master in and for the Judicial Circuit, …
O.C.G.A. § 22-2-105 Oath of special master
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The special master is required to take the following oath to be filed along with the order of his appointment in the office of the clerk of the superior court of the county in which the property or interest to be condemned is situated: I, , do swear that I will faithfully, well, a…
O.C.G.A. § 22-2-106 Condemning body
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Defined, §22-2-100. Condemnor. Defined, §22-2-100. Date of taking. Determination, §22-2-109. Deposit of award into court registry, §22-2-114. Vesting of title in condemnor, §22-2-114. Disabilities.
O.C.G.A. § 22-2-107 NOTES
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Equity. Payment of lost notes, §23-2-3. NOTICE. County tax collectors. Eminent domain cases where taxes due or unpaid, §22-2-134. County tax commissioners. Eminent domain cases where taxes due or unpaid, §22-2-134. Commissioner to notify court of taxes due, §22-2-140. Electric po…
O.C.G.A. § 22-2-108 Powers and duties of special master generally
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The special master appointed pursuant to Code Section 22-2-103 shall serve in lieu of a board of assessors; provided, however, that if two assessors are selected pursuant to Code Section 22-2-108.1, the special master shall serve as the chairperson of the special master panel and…
O.C.G.A. § 22-2-108.1 Special master panel; selection; notice; powers and duties
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22-2-109. Factors to be considered in determining or estimating just and adequate compensation; determination of date of taking; inclusion of date of approval of original location of highway in petition for condemnation; newspaper advertisement. 22-2-110. Award of special master …
O.C.G.A. § 22-2-109 Proceeding before superior courts
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Additional notice or service, §22-2-134. Direction for notice and service, §22-2-132. Newspaper advertisement as to original location of highway, §22-2-137. Tax collector or tax commissioner to be notified, §22-2-134. Taxes due on property. Notification of court by tax collector or…
O.C.G.A. § 22-2-110 Time of filing, §22-2-110
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Use in subsequent appeals, §22-2-110. Vesting of title upon deposit into court, §22-2-110. Proceedings before superior courts. Appeal from assessors’ award, §22-2-136. Condemnation conditioned upon payment of award into court, §22-2-138. Disposition of award by court, §22-2-138. …
O.C.G.A. § 22-2-111 Incorporation of award into judgment of court
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Upon the entry of the award of the special master or the special master panel, if such a panel exists, and the presentation of the award to the judge of the superior court, the judge shall enter a proper order and judgment of the court condemning the described property or other i…
O.C.G.A. § 22-2-113 Equity procedure, §23-4-37
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EXECUTORS AND ADMINISTRATORS. Confidential relations. Defined, §23-2-58. EX PARTE PROCEEDINGS. Equitable procedure, §23-4-5. Receipt of and action on petition, §23-4-5. Transmittal of proceedings to clerk, §23-4-5. 571 INDEX EXPERT WITNESSES. Eminent domain. Valuation of condemned …
O.C.G.A. § 22-2-114 Waterways and sewage systems
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Consent for condemnation, §22-3-60. False claims. Taxpayer protection against false claims, §§23-3-120 to 23-3-127. Taxpayer protection against false claims, §§23-3-120 to 23-3-127. POWER OF SALE. Equitable relief. Collusive, mistaken or defective executions, §23-2-113. Construed…
O.C.G.A. § 22-2-130 PUBLIC UTILITIES
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Actions. Eminent domain by electric power plants. Right to flood roads and highways. Effect of part on actions of public utilities, §22-3-47. Eminent domain. Electric power plants, §§22-3-20 to 22-3-47. Telegraph and telephone lines along railroad rights of way, §§22-3-1 to 22-3-4…
O.C.G.A. § 22-2-131 Contents of petition
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(a) The petition referred to in Code Section 22-2-130 shall set forth: (1) The facts showing the right to condemn; (2) The property or interest to be taken or damaged; (3) The names and residences of the persons whose property or interests are to be taken or otherwise affected, s…
O.C.G.A. § 22-2-133 Service of process generally
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All persons entitled to notice under the facts stated in the petition who are sui juris and within this state and whose residence is known shall be served by the sheriff with a copy of the petition and order as in other causes at law, unless such service is waived in writing. All…
O.C.G.A. § 22-2-134 Notice, §22-2-132
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Special masters. Appeals to jury in superior court. Discrepancy between award and verdict of jury, §22-2-113. Effect of payment on right of appeal, §22-2-113. Execution upon award or judgment, §22-2-113. Generally, §22-2-112. Incorporation of award into judgment of court, §22-2-1…
O.C.G.A. § 22-2-136 Assessors
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Appeal from assessors’ award, §22-2-136. Appeal to jury in superior court, §22-2-80. Effect of payment or acceptance on right to appeal, §22-2-82. Effect on condemnor’s right to use property, §22-2-81. Appointment, §22-2-135. Selection of assessor by clerk, §22-2-41. 562 INDEX EM…
O.C.G.A. § 22-2-137 Value of land actually taken
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Fixing, §§22-2-109, 22-2-137. Institution of proceedings by condemnor. Policies and practices guiding exercise of power, §22-1-9. Insurrection. Nature of right, §22-1-2. Just compensation. Effect of failure to agree on, §22-1-7. Electric power plants. Payment of compensation or d…
O.C.G.A. § 22-2-138 Molding, §22-2-138
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Scope, §22-2-138. VERIFICATION. Interpleader, §23-3-91. Ne exeat writ, §23-3-22. VOLUNTEERS. Accident and mistake. Equity will not interfere to relieve generally, §23-2-33. Equity inferior, §23-1-13. W WAR. Eminent domain. Nature of right, §22-1-2. WASTE. Sewage systems. General …
O.C.G.A. § 22-2-139 Equitable disposition of assets
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Time limitation, §23-2-97. Quia timet against all the world, §23-3-69. Taxpayer protection against false claims. Intervention in action by governmental entity, §§23-3-122, 23-3-123. INVERSE CONDEMNATION.
O.C.G.A. § 22-2-140 LIFE ESTATES
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Discharge of encumbrances affecting several interests. Equitable interference, §23-2-73. LIGHTHOUSES AND BEACONS. Federal eminent domain, §§22-3-120 to 22-3-122. Clearing coastal lands to carry out survey, §22-3-121. Manner of assessment where parties cannot agree, §22-3-122. Gen…
O.C.G.A. § 22-2-141 Electric power plants
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Eminent domain. Right to flood roads and highways. Appeals to superior courts, §22-3-44. Rights of condemnor pending appeal, §22-3-45. Eminent domain. General provisions, §§22-2-130 to 22-2-142. Equity.
O.C.G.A. § 22-2-142 CREDITORS
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Equitable interference in administration of assets. Creditors’ petitions, §23-2-95. When equitable assets may be reached by creditor, §23-2-96. Interference with creditor, §23-1-22. CULVERTS. Public roads or public highways defined to include, §22-3-40. Restrictions on use of cond…
O.C.G.A. § 22-2-20 Persons entitled to receive notice generally
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Any person seeking to condemn property for public purposes shall serve a notice of condemnation on the owner of the property or of any remainder, reversion, mortgage, lease, security deed, or other interest therein. History. — Ga. L. 1894, p. 95, § 4; Civil Code 1895, § 4660; Civ…
O.C.G.A. § 22-2-21 Nonresidents, §22-2-23
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Persons entitled to receive, §22-2-20. Trustees of trust property and remaindermen, §22-2-22. Unknown owners or unborn remaindermen possible, §22-2-24. Proceeding before special masters, §22-2-102. Location of highway and date of location. Newspaper advertisements, §22-2-109. Pro…
O.C.G.A. § 22-2-23 Quia timet
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Against all the world, §23-3-65. Filing of notice for record lis pendens docket, §23-3-62. Conventional, §23-3-44. Telephone lines, plants or systems. Lines along railroad rights of way. Eminent domain proceedings, §22-3-1. Manner of service, §22-3-2.
O.C.G.A. § 22-2-24 Unknown owners, §22-2-24
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Oath, §22-2-43. 555 INDEX EMINENT DOMAIN —Cont’d Assessors —Cont’d Probate court. Nonresidents represented by judge for addresses unknown, §22-2-23. Payment by judge where minor or person under disability without legal representative, §22-2-86. Selection of assessor by judge, §22…
O.C.G.A. § 22-2-25 Manner and time of service
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(a) Unless service is acknowledged or waived, a copy of the notice of condemnation shall be served by a sheriff or deputy at least 15 days before the day fixed for assessing the damage either: (1) Personally on the owner of the property or other interest or on the representative o…
O.C.G.A. § 22-2-26 Contents of notice
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(a) All notices shall be directed to the owner of the property or of any interest therein and shall: (1) Describe the property or franchise and the amount of interest therein sought to be condemned; (2) Fix the time when the hearing will be had on the premises; (3) Give the name …
O.C.G.A. § 22-2-40 Selection of assessors generally; authority
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(a) The condemnor and the condemnee shall each select an assessor, and the two assessors so selected shall select a third assessor. No person shall be selected as an assessor unless such person is a real estate appraiser who has an appraiser classification of certified general appr…
O.C.G.A. § 22-2-41 Recording of award, §22-2-65
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Representation of party, §22-2-61. Rights of owners in selecting, §22-2-41. Selection. Clerk of superior court, §22-2-41. Failure of parties to select third assessor, §22-2-42. Generally, §22-2-40. Judge of probate court, §22-2-41. Number of assessors, §22-2-40. Oath, §22-2-43. R…
O.C.G.A. § 22-2-42 Failure of parties’ nominees to select third assessor
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If the two assessors selected by the condemnor and the condemnee do not agree upon a third assessor within five days after the selection of the second assessor, the judge of the superior court of the county where the property or interest is situated shall, upon application of eith…
O.C.G.A. § 22-2-43 Selection of assessors generally; authority
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Selection of assessor by judge of the probate court; selection of assessor; rights of owners in selecting assessor. Failure of parties’ nominees to select third assessor. Oath of assessors. 22-2-63. 22-2-64. 22-2-65. Fixing of time for hearing by assessors; notification of parties…
O.C.G.A. § 22-2-62 Evidence to be heard by assessors generally
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(a) The assessors shall hear all evidence offered by either party as to the value of the property or of any interest therein to be taken or used, the damages incurred by the owner of the property or of any interest therein, and the benefits to the owner accruing from the use of th…
O.C.G.A. § 22-2-63 Manner of assessment
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The assessors, or a majority of them, shall assess the value of the property or interest taken or used, or the damage done, shall assess the consequential damages to the property or interests not taken, and shall deduct from such consequential damages the consequential benefits to…
O.C.G.A. § 22-2-64 Entry of findings by assessors
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The assessors shall enter their findings on the notice substantially as follows: Upon the application of A.B. to condemn the following property or interest of C.D.: , notice was duly served by the sheriff (or his deputy) on C.D. (owner, trustee, representative, or judge of the pro…
O.C.G.A. § 22-2-65 Proceedings before special master
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Appeal of award, §22-2-112. Effect of tender, payment or acceptance on right of appeal, §22-2-113. Award by special master and judgment of court conclusive as to right of condemnor to take or damage property, §22-2-107. Deposit of award into court registry, §22-2-114. 546 INDEX A…
O.C.G.A. § 22-2-80 Appeal to jury in superior court generally
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In case either party is dissatisfied with the amount of the assessors’ award, he or they may, within ten days from the time the award is filed, enter in writing an appeal from the award to the superior court of the county where the award is filed. At the term succeeding the filing of…
O.C.G.A. § 22-2-81 Witnesses
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Compelling attendance, §22-2-61. Authority to excise power. Court determination, §22-1-11. Blighted property, blighted, blight defined, §22-1-1. Burden of proof. Condemnation for public use, §22-1-11. Compensation. Effect of failure to agree on, §22-1-7. Electric power plants. Pay…
O.C.G.A. § 22-2-83 Issuance of execution on award or judgment
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If the condemnor fails to pay the amount of the award or judgment within ten days after the same is filed or entered, then the clerk shall issue execution upon such award or judgment which may be levied upon any property of the condemnor. History. — Ga. L. 1894, p. 95, § 25; Civil…
O.C.G.A. § 22-2-84 Entry of notice and award on minutes of court; payment of costs
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In all cases, the clerk shall enter the notice and award thereon upon the minutes of the court, and the condemnor shall pay: (1) The assessors’ costs as provided in Code Section 22-2-40; and 88 22-2-84.1 (2) Other costs as provided by law in civil cases in the superior court. The…
O.C.G.A. § 22-2-85 Extent of interest obtainable by condemnor upon condemnation
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Upon the payment by the condemnor of the amount of the award, or the amount of the final judgment if there is an appeal, the condemnor shall become vested with such interest in the property taken as may be necessary to enable the condemnor to exercise his franchise or conduct his …