---
title: O.C.G.A. § 44-9-43. Show cause order; selection of assessors; hearing before assessors.
collection: code
id: 44-9-43
cite_as: O.C.G.A. § 44-9-43 (2025)
canonical_url: https://georgiacommons.org/code/44-9-43
md_url: https://georgiacommons.org/code/44-9-43.md
text_url: https://georgiacommons.org/code/44-9-43/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t44-ch8-15-(v32)-2022-pdf.pdf?sfvrsn=9e9e06de_0#page=84
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/44-9.md
previous: https://georgiacommons.org/code/44-9-42.md
next: https://georgiacommons.org/code/44-9-44.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: PROPERTY / EASEMENTS / PRIVATE WAYS
---

# O.C.G.A. § 44-9-43. Show cause order; selection of assessors; hearing before assessors.

Upon the filing of the petition for condemnation, the judge of the superior court, after taking into consideration the requirements of service provided for in Code Section 44-9-41, shall make and enter up an order requiring the owner or owners of the property to show cause before him on a day certain as to why the easement for private way should not be condemned and requiring the said owner or owners to name an assessor to act on his or their behalf. On the return day, the judge shall fix the time and place for a hearing before the board of assessors; but the same may be changed by the board of assessors in accordance with Code Section 22-2-60. In all other respects, the hearing before the board of assessors, together with the assessment of damages by them, shall be as is provided for in Part 4 of Article 1 of Chapter 2 of Title 22.

## History

Code 1933, § 83-104, enacted by Ga. L. 1967, p. 143, § 2.