---
title: O.C.G.A. § 44-9-46. Determination of amount of compensation and other issues by jury; payment and disposition of damages.
collection: code
id: 44-9-46
cite_as: O.C.G.A. § 44-9-46 (2025)
canonical_url: https://georgiacommons.org/code/44-9-46
md_url: https://georgiacommons.org/code/44-9-46.md
text_url: https://georgiacommons.org/code/44-9-46/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=85
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/44-9-45.md
next: https://georgiacommons.org/code/44-9-47.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. § 44-9-46. Determination of amount of compensation and other issues by jury; payment and disposition of damages.

The amount of compensation to be assessed against the condemnor for the private way desired shall be determined by a verdict of the jury; and the case shall stand for trial at the first term after service is perfected or at any subsequent term at which the case may be reached for trial. If an issue is made by pleadings filed by any defendant regarding the condemnor’s right to have a private way established or with respect to the location or width thereof, such issues shall likewise be determined by the jury. Damages assessed shall be paid into the court and shall be disbursed by the clerk in accordance with the court’s order regarding the party or parties entitled thereto.

## History

Code 1933, § 83-106, enacted by Ga. L. 1967, p. 143, § 2.