Title 22 — Eminent Domain
0 chapters · 91 sections in this title.
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 …
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…
O.C.G.A. § 22-4-1 Short title; ‘‘Uniform Act’’ defined
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(a) This chapter shall be known as ‘‘The Georgia Relocation Assistance and Land Acquisition Policy Act.’’ (b) As used in this chapter, the term ‘‘Uniform Act’’ means the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended by the Uniform Re…
O.C.G.A. § 22-4-11 Adoption of rules; appeal and review
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(a) The several public entities are authorized to make such rules as may be necessary to provide for the administration of the financial assistance authorized by this chapter. (b) The determination by the several public entities of the amount of any payment and to whom it shall be…
O.C.G.A. § 22-4-11.1 GRANTEES
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Executors and administrators. Powers of sale. Who may exercise, §23-2-114. GRANTORS. Executors and administrators. Power of sale. Exercise after grantor or donor’s death, §23-2-114. 573 INDEX HEARINGS —Cont’d Eminent domain —Cont’d Proceeding before assessors. Fixing of time, §22…
O.C.G.A. § 22-4-12 RIGHTS OF WAY
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Eminent domain. Telegraph and telephone lines along railroad rights of way, §§22-3-1 to 22-3-4. Evidence upon which findings may be based, §22-3-4. 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 p…
O.C.G.A. § 22-4-13 Editor’s notes
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Ga. L. 1987, p. 191, § 10, not codified by the General Assembly, provided that this Act is applicable to taxable years ending on or after March 11, 1987, and that a taxpayer with a taxable year ending on or after January 1, 1987, and before March 11, 1987, may elect to have the pr…
O.C.G.A. § 22-4-14 Effect of chapter on condemnation proceedings
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Nothing contained in this chapter shall be construed as creating in any condemnation proceeding brought under the power of eminent domain any element of value or of damage. History. — Ga. L. 1973, p. 512, § 10.
O.C.G.A. § 22-4-15 RENT
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Apportionment of contract, rent or hire. Equitable jurisdiction, §23-2-72. Equitable accounting of funds, goods, etc. Apportionment of contract, rent or hire, §23-2-72. RESCISSION. Mistake of fact. Unilateral mistake, §23-2-31. Unilateral mistake of fact, §23-2-31. RES JUDICATA. …
O.C.G.A. § 22-4-2 Legislative findings and declaration of necessity
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The General Assembly finds and declares that the prompt and equitable relocation and reestablishment of persons, businesses, farmers, and nonprofit organizations displaced when the state, any of its agencies or institutions (other than the Department of Transportation), or any coun…
O.C.G.A. § 22-4-3 Applicability of Code Section 22-1-1 to chapter
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The definitions contained in paragraphs (6) and (8) of Code Section 22-1-1 shall not apply to this chapter. History. — Code 1981, § 22-4-3, Ga. L. 2006, p. 39, § 17/HB 1313. Editor’s notes. — This Code section was created as part of the Code revision and was thus enacted by Ga. L.…
O.C.G.A. § 22-4-4 Payments by public entities for relocation and replacement housing expenses
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The several public entities are authorized to and shall make or approve the payments required by Section 210 of the Uniform Act for the relocation expenses and replacement housing expenses of any person, family, business, farm operation, or nonprofit organization displaced by fede…
O.C.G.A. § 22-4-6 MOTIONS
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Ne exeat. General provisions, §§23-3-20 to 23-3-25. Verification required, §23-3-22.
O.C.G.A. § 22-4-8 West v
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Mayor of Atlanta, 248 Ga. 844, 286 S.E.2d 299 (1982). Prerequisite to right to compensation. — Plaintiffs could not seek compensation under O.C.G.A. § 22-4-8 when the plaintiffs did not prevail in their inverse condemnation action. Benton v. Savannah Airport Comm’n, 241 Ga. App. …
O.C.G.A. § 22-4-9 Short title; ‘‘Uniform Act’’ defined
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Legislative findings and declaration of necessity. Applicability of Code Section 22-1-1 to chapter. Payments by public entities for relocation and replacement housing expenses. Providing of relocation assistance advisory services by public entities. Payments by public entities for…