---
title: O.C.G.A. § 22-3-44. Appeal to superior court.
collection: code
id: 22-3-44
cite_as: O.C.G.A. § 22-3-44 (2025)
canonical_url: https://georgiacommons.org/code/22-3-44
md_url: https://georgiacommons.org/code/22-3-44.md
text_url: https://georgiacommons.org/code/22-3-44/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t22-t23-(v19)-pdf.pdf?sfvrsn=97b2c4_0#page=8
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
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publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: EMINENT DOMAIN / EXERCISE OF POWER OF EMINENT DOMAIN FOR SPECIAL PURPOSES / CONSTRUCTION AND OPERATION OF ELECTRIC POWER PLANTS / ACQUISITION OF RIGHT TO FLOOD ROADS AND HIGHWAYS
---

# O.C.G.A. § 22-3-44. Appeal to superior court.

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.

## History

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

## 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.

## 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.