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Official Code of Georgia Annotated

Title 22. EMINENT DOMAIN · Chapter 2. CONDEMNATION PROCEDURE GENERALLY · Article 1. PROCEEDING BEFORE ASSESSORS · Part 4. HEARING

22-2-62. Evidence to be heard by assessors generally.

Active

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

  1. (a)

    The assessors shall hear all evidence offered by either party as to the value of the property or of any interest therein to be taken or used, the damages incurred by the owner of the property or of any interest therein, and the benefits to the owner accruing from the use of the property or interest by the condemnor.#

  2. (b)

    Prospective and consequential damages resulting from the taking may be considered if such damages are plain and appreciable.#

  3. (c)

    The increase of the value of the property or of any interest therein resulting from the proposed public improvement may be considered, but in no case shall such estimated increase deprive the owner of actual damages.#

  4. (d)

    In the estimation of the value of the property or other interest taken for public uses, such valuation need not be restricted to the agricultural or productive qualities of the property or interest, but inquiry may be made as to all other legitimate purposes to which the property or interest could be appropriated.#

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, §§ 622, 623; Code 1868, §§ 686, 687; Code 1873, §§ 647, 648; Code 1882, §§ 647, 648; Ga. L. 1894, p. 95, § 18; Civil Code 1895, §§ 567, 568, 4674; Civil Code 1910, §§ 688, 689, 5224; Code 1933, §§ 36-503, 36-505, 36-506.

Law reviews

For comment on State Hwy. Dep’t v. Thomas, 106 Ga. App. 849, 128 S.E.2d 520 (1962), see 14 Mercer L. Rev. 447 (1963).

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, pages 71 to 72; merge action: carried; file SHA-256 b3cf4ff62f2f.