---
title: O.C.G.A. § 22-2-112. Appeal of award generally; condemnee’s right to jury trial on issue of just and adequate compensation.
collection: code
id: 22-2-112
cite_as: O.C.G.A. § 22-2-112 (2025)
canonical_url: https://georgiacommons.org/code/22-2-112
md_url: https://georgiacommons.org/code/22-2-112.md
text_url: https://georgiacommons.org/code/22-2-112/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t22-t23-(v19)-2020-pdf.pdf?sfvrsn=a1dfc71e_0#page=139
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: EMINENT DOMAIN / CONDEMNATION PROCEDURE GENERALLY / PROCEEDING BEFORE SPECIAL MASTER
---

# O.C.G.A. § 22-2-112. Appeal of award generally; condemnee’s right to jury trial on issue of just and adequate compensation.

(a) If the condemnor or any condemnee is dissatisfied with the amount of the award, an appeal shall be filed in the superior court and such appeal shall be filed within ten calendar days from the service of the award, plus three additional calendar days for mailing of the award. At the term succeeding the filing of the appeal, it shall be the duty of the judge to cause an issue to be made and tried by a jury as to the value of the property or interest taken or the amount of damage done, with the same right to move for a new trial and file an appeal as in other cases at law. The entering of an appeal and the proceedings thereon shall not hinder or delay in any way the condemnor’s work or the progress thereof.

(b) The condemnee shall have the right to a jury trial on the issue of just and adequate compensation before the superior court having jurisdiction over the property sought to be condemned during the next term of court following the vesting of title in the condemnor. This right to a jury trial at the next term of court may be waived by the condemnee.

## History

Ga. L. 1957, p. 387, § 14; Ga. L. 1998, p. 1539, § 7; Ga. L. 2006, p. 39, § 13/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 apply to those condemnation proceedings filed on or after February 9, 2006, where title has not vested in the condemning authority unless constitutionally prohibited.

## Law Reviews

For article on 2006 amendment of this Code section, see 23 Ga. St. U.L. Rev. 157 (2006). For survey article on zoning and land use law, see 60 Mercer L. Rev. 457 (2008). For survey article on real property law, see 67 Mercer L. Rev. 193 (2015).