22-1-10.1. Time for bringing condemnation action; exceptions.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
Except as provided in subsections (b) and (c) of this Code section, no action for condemnation may be brought in any court of this state until at least 30 days after the date of the resolution or documented approval described in Code Section 22-1-10.#
(b)
If an emergency condition exists requiring the acquisition of property for the protection of the public health and safety, the condemnor may declare the existence of an emergency and adopt a resolution defining the emergency. Notice and hearing as required by Code Section 22-1-10 may be waived by the condemning body in an emergency condition.#
(c)
This Code section shall not apply to the acquisition or condemnation of property where consent is received from each person with a legal claim that has been identified or found.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 22-1-10.1, enacted by Ga. L. 2006, p. 39, § 5/HB 1313.

Editor's notes

Ga. L. 2006, p. 39, § 1/HB 1313, not codified by the General Assembly, provides that: ‘‘This Act shall be known and may be cited as ‘The Landowner’s Bill of Rights and Private Property Protection Act.’’’ Ga. L. 2006, p. 39, § 25/HB 1313, not codified by the General Assembly, provides that the amendment to this Code section shall only apply to petitions for condemnation filed on or after April 4, 2006.

Law reviews

For article on 2006 enactment of this Code section, see 23 Ga. St. U.L. Rev. 157 (2006).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t22-t23-(v19)-2020-pdf.pdf, Volume V19, 2020 edition, page 45; merge action: carried; file SHA-256 b3cf4ff62f2f.

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