---
title: O.C.G.A. § 22-2-40. Selection of assessors generally; authority.
collection: code
id: 22-2-40
cite_as: O.C.G.A. § 22-2-40 (2025)
canonical_url: https://georgiacommons.org/code/22-2-40
md_url: https://georgiacommons.org/code/22-2-40.md
text_url: https://georgiacommons.org/code/22-2-40/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=67
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/22-2-26.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 ASSESSORS / SELECTION AND OATH OF ASSESSORS
---

# O.C.G.A. § 22-2-40. Selection of assessors generally; authority.

(a) The condemnor and the condemnee shall each select an assessor, and the two assessors so selected shall select a third assessor. No person shall be selected as an assessor unless such person is a real estate appraiser who has an appraiser classification of certified general appraiser granted under Chapter 39A of Title 43, the ‘‘Real Estate Appraiser and Classification Act.’’ The condemnor shall be liable for the costs of the assessor selected by or for the condemnor, the condemnee shall be liable for the costs of the assessor selected by or for the condemnee, and the costs of the assessor selected by the other assessors or by the judge shall be split equally between the condemnor and condemnee. The combined total costs of all three assessors shall not exceed $500.00 per day.

(b) The assessors selected as provided in subsection (a) of this Code section shall have no authority to decide questions of law including, but not limited to, issues of compensability.

(c) The assessors selected as provided in subsection (a) of this Code section shall have the authority to refer questions of law to the appropriate superior court prior to entering an award. Neither party shall be prohibited from appealing a question of law to the superior court after the entry of the assessor’s award.

## History

Ga. L. 1894, p. 95, § 15; Civil Code 1895, § 4671; Civil Code 1910, § 5220; Code 1933, § 36-402; Ga. L. 1998, p. 1539, § 1.

## Law Reviews

For review of 1998 legislation relating to eminent domain, see 15 Ga. St. U.L. Rev. 115 (1998).