Title 22

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.

Any person seeking to exercise the power of eminent domain under Code Section 22-3-20 shall have the right and authority to acquire by condemnation any mill, factory, dam, or other property or interest connected with same, except cotton mills or factories or any plant engaged in …

As used in this part, the term ‘‘public road’’ or ‘‘public highway’’ means not only roads and highways proper but bridges, culverts, and appurtenances as well. History. — Ga. L. 1927, p. 370, § 4; Code 1933, § 36-803.

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…

If a public road or highway for which condemnation is sought is a part of the state highway system or if jurisdiction or control of the road or highway has been taken over or assumed by the State Transportation Board or other state authority, the notice of intention to condemn sh…

The procedure in the condemnation of public roads and highways shall be the same as provided by Chapter 2 of this title insofar as the procedures described in that chapter are not in conflict with this part. The public officer or officers to be notified and served as provided in Co…

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…

Before any public road or highway condemned under this part may be used by the condemnor, any new road or highway to be constructed pursuant to Code Section 22-3-41, including any and all bridges and culverts that may be necessary as a part thereof, shall be laid out, constructed…

Any nongovernmental entity constructing, owning, or operating any waterworks or sanitary sewerage system, or both, in this state shall have the right, power, privilege, and authority to lease, purchase, or condemn property or any interest therein, including easements, or to recei…

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…

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…

Any other provision of law to the contrary notwithstanding, any nongovernmental entity which: (1) Is privately owned and is operated under the collective management and control of the owners; (2) Was in the business of providing water supply and sewerage collection and disposal p…

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 …

Subject to the provisions, conditions, and restrictions of this article, petroleum pipeline companies are granted the power to acquire property or interests in property by eminent domain for the purpose of an expansion, an extension, maintenance, or construction of a new petroleu…

(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…

(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…

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…

When a petroleum pipeline company that has met all the requirements of this article is unable to acquire the property or interest required for the purpose of an expansion, an extension, maintenance, or construction of a new petroleum pipeline, after reasonable negotiation with th…

The power of eminent domain may be exercised by persons who are or may be engaged in constructing or operating pipelines for the transportation or distribution of natural or artificial gas and by persons who are or may be engaged in furnishing natural or artificial gas for heating,…

Every county of the State of Georgia may exercise the power of eminent domain for the purpose of taking and acquiring the property or other interests necessary: (1) To enable the county to institute and to accomplish the completion of small watershed projects, works of improvemen…

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…

In any county in which the United States government authorizes the construction of lighthouses, beacons, range lights, or any other structure designed to assist the navigation of the waters of this state, any proper agency of the United States and the mayor of any city in that co…

Any person employed under the act of the Congress of the United States providing for a survey of the coasts may enter upon lands within this state and clear or cut timber upon the same for any purpose legitimately connected with and necessary to carry out the survey, provided tha…

If the parties representing the government of the United States and the owner of the property or of any interest therein pursuant to Code Section 22-3-121 cannot agree upon the amount of compensation to be paid for the property, the damages shall be assessed as provided in this t…

Any state agency, political subdivision of the state, county, or municipality owning or operating a sewage collection, treatment, or disposal system, a water or waste-water system, a gas or gas line system, an electrical or electrical line system, or a drain or storm-water system…

As used in this article, the term ‘‘utility’’ means a person, corporation, or other entity that generates, transmits, distributes, supplies, or sells electricity for public or private use in this state or generates electricity in this state for transmission or distribution outsid…

(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 …

(a) On and after July 1, 2004, before exercising the right of eminent domain for purposes of constructing or expanding an electric transmission line described in subsection (a) of Code Section 22-3-160.1, the utility shall select a practical and feasible route for the location of…

(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…

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…

Form of assessors’ findings, §22-3-3. Notice of condemnation, §22-3-1. Manner of service, §22-3-2. One proceeding, §22-3-3. Venue of proceedings and hearings, §§22-3-3, 22-3-4. Lines. Eminent domain. Lines along railroad rights of way, §§22-3-1 to 22-3-4. Railroads. Eminent domain…

Power to acquire right to flood roads and highways. Notice of intention to condemn. Condemnation procedure; authorization of officers to act for state or county. Appeal to superior court. Authority to lease, purchase, or condemn property or receive donations for waterworks and sew…

Lighthouses, beacons. 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 lin…