---
title: O.C.G.A. § 22-2-82. Effect of tender, payment, or acceptance of assessors’ award on right of appeal; effect of discrepancy between award and final judgment.
collection: code
id: 22-2-82
cite_as: O.C.G.A. § 22-2-82 (2025)
canonical_url: https://georgiacommons.org/code/22-2-82
md_url: https://georgiacommons.org/code/22-2-82.md
text_url: https://georgiacommons.org/code/22-2-82/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=100
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/22-2-81.md
next: https://georgiacommons.org/code/22-2-83.md
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 / APPEALS AND FINAL JUDGMENT
---

# O.C.G.A. § 22-2-82. Effect of tender, payment, or acceptance of assessors’ award on right of appeal; effect of discrepancy between award and final judgment.

The tender, payment, or acceptance of the award shall not prevent either party from prosecuting the appeal. If the amount awarded by the assessors is less than that found by the final judgment, the person seeking condemnation shall be bound to pay the sum so finally adjudged in order to retain the property or interest. If the amount of the final judgment is less than that awarded by the assessors, the owner shall be bound to refund any excess paid to or received by him; and a judgment for such excess shall be rendered against him to be collected by levy as in other cases.

## History

Ga. L. 1894, p. 95, § 24; Civil Code 1895, § 4680; Civil Code 1910, § 5230; Code 1933, § 36-603.