Title 22 — Eminent Domain
0 chapters · 91 sections in this title.
O.C.G.A. § 22-3-1 Direction and contents of notice of condemnation
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When a telegraph or telephone company undertakes to condemn so much of the right of way of a railroad company as may be necessary for the purpose of constructing, maintaining, and operating its telegraph or telephone lines along and upon such right of way, the notice of condemnat…
O.C.G.A. § 22-3-101 Condemnation procedure
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For the purposes designated in Code Section 22-3-100, every county of the State of Georgia may proceed to condemn the necessary property or other interest in accordance with the procedures set forth by the pertinent eminent domain statutes of this state and in accordance with all…
O.C.G.A. § 22-3-102 Procedures, §22-3-101
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Watershed projects. Eminent domain by counties, §§22-3-100 to 22-3-102. FORFEITURES. Equity. Relief against forfeitures, §23-1-23. FORMS. Eminent domain. Proceeding before assessors. Findings by assessors, §22-2-64. Proceeding before special masters. Appointment of special master…
O.C.G.A. § 22-3-122 Procedure generally, §22-3-120
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Local government condemnation for public use, §22-1-15. 558 INDEX EMINENT DOMAIN —Cont’d Meeting of governmental condemnor on resolution approving exercise of power. Notice required, commencement of meeting, time, §22-1-10. Moving expenses. Compensation to condemnee, §22-1-13. Mu…
O.C.G.A. § 22-3-160.1 Public hearings required; exception to hearing requirement
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(a) Before exercising the right of eminent domain for purposes of constructing or expanding an electric transmission line with a design operating voltage of 115 kilovolts or greater and a length of one mile or more, any utility shall schedule and hold one or more public meetings …
O.C.G.A. § 22-3-162 Application; additional compensation or reconveyance
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(a) This Code section shall apply to any easement or other property interest acquired on or after July 1, 2004, through exercise of the right of eminent domain for purposes of constructing or expanding an electric transmission line: (1) With a capacity of 230 kilovolts or less if…
O.C.G.A. § 22-3-2 Manner of service of notice
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Notice of condemnation shall be served upon the railroad company in the manner provided for the service of other actions upon railroad companies. It shall not be necessary to serve such notice upon any person or corporation other than the railroad company in possession of and ope…
O.C.G.A. § 22-3-21 Payment of compensation or damages
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In fixing the compensation or damage for both actual and consequential damages, either or both shall be paid by the persons seeking to condemn property as provided in this article. History. — Ga. L. 1925, p. 272, § 1; Code 1933, § 36-802.
O.C.G.A. § 22-3-22 Lighthouses, beacons
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Construction by federal government, §§22-3-120 to 22-3-122. Ownership or operation of certain utility systems. Declaration of taking method of eminent domain, §22-3-140. Petroleum pipelines and gas pipelines, §§22-3-80 to 22-3-95. Telegraph and telephone lines along railroad righ…
O.C.G.A. § 22-3-3 Notice
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Direction and contents, §22-3-1. Manner of service, §22-3-2. Venue of proceedings, §§22-3-3, 22-3-4. Assessor’s hearing, §22-3-4.
O.C.G.A. § 22-3-4 PUBLIC WORKS
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False claims. Taxpayer protection against false claims, §§23-3-120 to 23-3-127. Federal aid. Relocation assistance and land acquisition. General provisions, §§22-4-1 to 22-4-15. Q QUIA TIMET, §§23-3-40 to 23-3-73. Cloud on title. What constitutes, §23-3-42. When removable, §23-3-…
O.C.G.A. § 22-3-41 Power to acquire right to flood roads and highways
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Any person referred to in Code Section 22-3-20 shall have the right and authority to acquire by purchase or condemnation the right to flood private roads or highways. Any such person shall also have the right to acquire by condemnation the right to flood public roads or highways by…
O.C.G.A. § 22-3-42 Power to acquire right, §22-3-41
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Procedure, §22-3-43. Property owners. Effect of part on rights of action of, §22-3-47. Public road and public highway defined, §22-3-40. Public utilities. Effect of part on rights of action of, §22-3-47. Restrictions on use of condemned road or highway, §22-3-46. Rights of condemn…
O.C.G.A. § 22-3-44 Appeal to superior court
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Within 30 days after the award of condemnation is made pursuant to Part 4 of Article 1 of Chapter 2 of this title or pursuant to Article 2 of Chapter 2 of this title, any party may appeal to the superior court of the county in which the public roads or highways lie by filing with …
O.C.G.A. § 22-3-45 Rights of condemnor pending appeal
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Upon the condemnor’s paying the sum fixed by the assessor’s award to the state or county authorities together with the cost of proceedings pending an appeal pursuant to Code Section 22-3-44 and upon the execution of a bond in double the amount of the award so fixed, with good and s…
O.C.G.A. § 22-3-47 Direction and contents of notice of condemnation
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Manner of service of notice. Necessity for only one proceeding; location of proceedings; form of assessors’ findings. Location of hearing before assessors; evidence upon which findings may be based. Article 3 Construction and Operation of Waterworks and Sanitary Sewage Systems 22-3…
O.C.G.A. § 22-3-60 Water supply
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Authority to receive donations of systems, §22-3-60. DONORS. Power of sale. Equitable relief. Exercise after donor’s or grantor’s death, §23-2-114. 553 INDEX DRAFTSMEN. Equity. Mistake of law by draftsman. Grounds for equitable relief, §23-2-23. DRAINAGE.
O.C.G.A. § 22-3-61 Condemnation procedure
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If a person seeking to exercise the power of eminent domain under this article fails to procure, by contract, title to the land necessary or proper for the construction and successful operation of a waterworks or sanitary sewerage system, or both, and the parties cannot agree upo…
O.C.G.A. § 22-3-62 Applicability of article
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The powers granted by this article shall apply to those persons who have entered into a contract with the proper authorities for supplying water for public purposes and to such persons providing water or sanitary sewerage services through water or sanitary sewerage systems, or bo…
O.C.G.A. § 22-3-63 Declaration of taking method
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Authorization to utilize, §22-3-140. Procedure, §22-3-61. Leases. Authority to lease, §22-3-60. WATERSHED. Eminent domain. Watershed projects, flood-control projects, etc., by counties, §§22-3-100 to 22-3-102. Authority of counties, §22-3-100. Permanent flooding required, §22-3-102…
O.C.G.A. § 22-3-80 Definitions
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As used in this article, the term: (1) ‘‘Existing petroleum pipeline’’ shall have the same meaning as set forth in Code Section 12-17-1. (2) ‘‘Expansion’’ shall have the same meaning as set forth in Code Section 12-17-1. (3) ‘‘Extension’’ shall have the same meaning as set forth …
O.C.G.A. § 22-3-82 General certificate and permitting requirements
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(a) A petroleum pipeline company shall not exercise the power of eminent domain granted in Code Section 22-3-81 for the purpose of constructing a new petroleum pipeline or for an extension unless and until a certificate of public convenience and necessity is issued by the commissi…
O.C.G.A. § 22-3-83 Certificate of public convenience and necessity; requirements
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(a) On or after July 1, 2017, a petroleum pipeline company desiring to use the power of eminent domain granted under this article to acquire property for a new petroleum pipeline or an extension shall be required to obtain a certificate of public convenience and necessity from the…
O.C.G.A. § 22-3-84 Notice to landowner
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Prior to initiating eminent domain proceedings or threatening to do so, the petroleum pipeline company shall cause to be delivered to each landowner whose property may be condemned a written notice containing the following language in boldface type: ‘‘CHAPTER 17 OF TITLE 12 AND A…
O.C.G.A. § 22-3-85 Definitions
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Right to acquire property or property interests by eminent domain. General certificate and permitting requirements. Certificate of public convenience and necessity; requirements. Notice to landowner. Use of condemnation procedures. Article 4A Natural or Artificial Gas 22-3-95. 156 E…