---
title: O.C.G.A. § 22-2-113. Prosecution of appeals; effect of discrepancy between award of special master and verdict of jury; issuance of execution upon award or judgment.
collection: code
id: 22-2-113
cite_as: O.C.G.A. § 22-2-113 (2025)
canonical_url: https://georgiacommons.org/code/22-2-113
md_url: https://georgiacommons.org/code/22-2-113.md
text_url: https://georgiacommons.org/code/22-2-113/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=146
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.
up: https://georgiacommons.org/code/22-2.md
previous: https://georgiacommons.org/code/22-2-112.md
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index: https://georgiacommons.org/code/index.md
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. § 22-2-113. Prosecution of appeals; effect of discrepancy between award of special master and verdict of jury; issuance of execution upon award or judgment.

(a) The tender, payment, or acceptance of the amount of the award shall not prevent any party from prosecuting the appeal.

(b) Where separate and distinct parcels of property are condemned in the same proceeding, the owner of any separate and distinct property may file a separate appeal to a jury in the superior court.

(c) If the amount awarded by the special master or the special master panel, if such a panel exists, is less than that found by the verdict of the jury, the condemnor shall be bound to pay the sum so finally adjudged less the amount previously deposited as provided in Code Section 22-2-110 plus lawful interest on the difference from the date of such deposit, in order to retain the property.

(d) 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. 1957, p. 387, § 15; Ga. L. 1998, p. 1539, § 8.

## Law Reviews

For article surveying developments in Georgia real property law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 219 (1981).