Georgia Commons

Title 22. EMINENT DOMAIN

Chapter 2. CONDEMNATION PROCEDURE GENERALLY

57 sections · 22-2-1 to 22-2-142

Article 1. PROCEEDING BEFORE ASSESSORS · Part 1. GENERAL PROVISIONS

  1. 22-2-1‘‘Condemnor’’ defined.

Article 1. PROCEEDING BEFORE ASSESSORS · Part 2. NOTICE OF CONDEMNATION

  1. 22-2-20Persons entitled to receive notice generally.
  2. 22-2-21Direction of notice where owner a minor or under disability; appointment of guardian ad litem.
  3. 22-2-22Serving notice on trustees of trust property and remaindermen.
  4. 22-2-23Direction of notice where owner or guardian a nonresident; representation by judge of the probate court of nonresident owners and others whose addresses are unknown.
  5. 22-2-24Direction of notice where owner unknown or where unknown remaindermen possible; right of owner to second assessment upon his appearance; return of surplus award to condemnor.
  6. 22-2-25Manner and time of service.
  7. 22-2-26Contents of notice.

Article 1. PROCEEDING BEFORE ASSESSORS · Part 3. SELECTION AND OATH OF ASSESSORS

  1. 22-2-40Selection of assessors generally; authority.
  2. 22-2-41Selection of assessor by judge of the probate court; selection of assessor; rights of owners in selecting assessor.
  3. 22-2-42Failure of parties’ nominees to select third assessor.
  4. 22-2-43Oath of assessors.

Article 1. PROCEEDING BEFORE ASSESSORS · Part 4. HEARING

  1. 22-2-60Fixing of time for hearing by assessors; notification of parties.
  2. 22-2-61Power of assessors to subpoena and to compel attendance; right of parties to be represented.
  3. 22-2-62Evidence to be heard by assessors generally.
  4. 22-2-63Manner of assessment.
  5. 22-2-64Entry of findings by assessors.
  6. 22-2-65Filing and recording of award.

Article 1. PROCEEDING BEFORE ASSESSORS · Part 5. APPEALS AND FINAL JUDGMENT

  1. 22-2-80Appeal to jury in superior court generally.
  2. 22-2-81Effect of appeal on condemnor’s right to use condemned property or interest; payment, tender, or deposit of award as condition on condemnor’s right to use property or interest.
  3. 22-2-82Effect of tender, payment, or acceptance of assessors’ award on right of appeal; effect of discrepancy between award and final judgment.
  4. 22-2-83Issuance of execution on award or judgment.
  5. 22-2-84Entry of notice and award on minutes of court; payment of costs.
  6. 22-2-84.1Appeals to superior court from assessor’s award; reasonable expenses; liability of costs relating to issues of law.Repealed
  7. 22-2-85Extent of interest obtainable by condemnor upon condemnation.
  8. 22-2-86Manner of payment where owner a minor or under disability and without a legal representative.

Article 2. PROCEEDING BEFORE SPECIAL MASTER

  1. 22-2-100‘‘Condemning body’’ and ‘‘condemnor’’ defined.
  2. 22-2-101Effect of article on other methods of condemnation; intent of article.
  3. 22-2-102Requirements for condemnation; time of hearing; directions for notice and service; attachment of process to petition; cause to proceed in rem.
  4. 22-2-102.1Petitioning superior court for judgment in rem.
  5. 22-2-102.2Contents of petition.
  6. 22-2-103Appointment of special master generally.
  7. 22-2-104Appointment of special master form.
  8. 22-2-105Oath of special master.
  9. 22-2-106Compensation of special master; allowance by judge of reasonable time for special master to inspect premises.
  10. 22-2-107Service of process; award by special master and judgment of court conclusive as to right of condemnor to take or damage property or interest.
  11. 22-2-108Powers and duties of special master generally.
  12. 22-2-108.1Special master panel; selection; notice; powers and duties.
  13. 22-2-109Factors to be considered in determining or estimating just and adequate compensation; determination of date of taking; inclusion of date of approval of original location of highway in petition for condemnation; newspaper advertisement.
  14. 22-2-110Award of special master and special master panel; time of filing; award to become part of record of proceedings; vesting of title in condemnor upon deposit of award into court; form of award; use in subsequent appeal.
  15. 22-2-111Incorporation of award into judgment of court.
  16. 22-2-112Appeal of award generally; condemnee’s right to jury trial on issue of just and adequate compensation.
  17. 22-2-113Prosecution of appeals; effect of discrepancy between award of special master and verdict of jury; issuance of execution upon award or judgment.
  18. 22-2-114Effect of deposit of award into court registry; conflicting claims as to deposit.

Article 3. PROCEEDING BEFORE COURT

  1. 22-2-130Authority to petition superior court for judgment in rem; applicability to acquisition of public property.
  2. 22-2-131Contents of petition.
  3. 22-2-132Order to appear; directions for notice and service thereof; attachment of process to petition; cause to proceed as in rem.
  4. 22-2-133Service of process generally.
  5. 22-2-134Discretion of judge to cause additional notice or service to be given; notification of tax collector or tax commissioner.
  6. 22-2-135Appointment of assessors; discretion of judge to have issues tried in first instance by jury.
  7. 22-2-136Appeal from assessors’ award.
  8. 22-2-137Factors to be considered in determining or estimating just and adequate compensation; determination of date of taking; inclusion of date of approval of original location of highway in petition for condemnation; newspaper advertisement.
  9. 22-2-138Scope of award or verdict; molding of award or verdict; power of court to adjudge condemnation of title upon deposit of amount of award or verdict into court; disposition of award by court.
  10. 22-2-139Right of interested persons to intervene; effect of subsequent proceedings on rights of condemnor.
  11. 22-2-140Notification of court by tax collector or tax commissioner of taxes due on property or interest; actions by court to discharge lien.
  12. 22-2-141Filing and recording of award, decree, and description of condemned property or interest or copies thereof; payment of fees to clerk of superior court.
  13. 22-2-142Intent of article regarding effect on other methods of condemnation.