22-1-5. Requirement of just compensation as a limitation on exercise of power of eminent domain.

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

Except in cases of extreme necessity and great urgency, the right of eminent domain cannot be exercised without first providing for just compensation to the owner for the interference with his exclusive rights.

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

Orig. Code 1863, § 2204; Code 1868, § 2199; Code 1873, § 2225; Code 1882, § 2225; Civil Code 1895, § 3055; Civil Code 1910, § 3627; Code 1933, § 36-104.

Cross references

Private ways, Ga. Const. 1983, Art. I, Sec. III, Para. II. Specific powers of General Assembly, Ga. Const. 1983, Art. III, Sec. VI, Para. II.

Law reviews

For comment on DeKalb County v. Trustees, Decatur Lodge No. 1602, 242 Ga. 707, 251 S.E.2d 243 (1978), see 31 Mercer L. Rev. 367 (1979).

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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 28; merge action: carried; file SHA-256 b3cf4ff62f2f.

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