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Official Code of Georgia Annotated

Title 22. EMINENT DOMAIN · Chapter 3. EXERCISE OF POWER OF EMINENT DOMAIN FOR SPECIAL PURPOSES · Article 2. CONSTRUCTION AND OPERATION OF ELECTRIC POWER PLANTS · Part 2. ACQUISITION OF RIGHT TO FLOOD ROADS AND HIGHWAYS

22-3-44. Appeal to superior court.

Active

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

  1. Within 30 days after the award of condemnation is made pursuant to Part 4 of Article 1 of Chapter 2 of this title or pursuant to Article 2 of Chapter 2 of this title, any party may appeal to the superior court of the county in which the public roads or highways lie by filing a petition for review with the superior court. The trial on such an appeal shall be de novo. The proceedings on the petition for review shall be governed by Chapter 3 of Title 5.

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

Ga. L. 1925, p. 272, § 1; Code 1933, § 36-805; Ga. L. 2022, p. 767, § 2-15/HB 916.

Amendments

The 2022 amendment, effective July 1, 2023, rewrote this Code section, which read: “Within 30 days after the award of condemnation is made pursuant to Part 4 of Article 1 of Chapter 2 of this title or pursuant to Article 2 of Chapter 2 of this title, any party may appeal to the superior court of the county in which the public roads or highways lie by filing with the judge of the probate court of the county a written notice of appeal. Within ten days after his receipt of the notice, the judge shall transmit the notice to the superior court. The trial on such an appeal shall be de novo.” See Editor’s notes for applicability.

Editor's notes

Ga. L. 2022, p. 767, § 3-1/HB 916, not codified by the General Assembly, makes this Code section applicable to petitions for review filed in superior or state court on or after July 1, 2023.

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)-pdf.pdf, Volume V19, 2020 edition, 2025 supplement, page 8; merge action: replaced; file SHA-256 acd47458df10.