2021 Georgia Code
Title 22 - Eminent Domain
- Chapter 1 - General Provisions [22-1-1 through 22-1-15]
- Chapter 2 - Condemnation Procedure Generally [22-2-1 through 22-2-142]
- Chapter 3 - Exercise of Power of Eminent Domain for Special Purposes [22-3-1 through 22-3-162]
- Chapter 4 - Relocation Assistance and Land Acquisition for Those Displaced by Federal-Aid Projects
- Taking of private property for public purposes generally, Ga. Const. 1983, Art. I, Sec. III, Para. II, and Art III, Sec. VI, Para II.
Prohibition against abridgement of right of eminent domain, Ga. Const. 1983, Art. III, Sec. VI, Para. III.
Exercise of right of eminent domain for community redevelopment work, Ga. Const. 1983, Art. IX, Sec. II, Para. VII.
Powers of counties and municipalities to exercise right of eminent domain, Ga. Const. 1983, Art. IX, Sec. II, Para. V.
Allocation of award upon exercise of power of eminent domain affecting condominiums, § 44-3-97.
Authority of railroad companies to exercise power of eminent domain, §§ 46-8-121,46-8-124.
Taxation of special franchises, § 48-5-420 et seq.
Law reviews.- For article discussing eminent domain procedure in this country, and advocating reforms focusing on a unified method for condemnation, see 11 Mercer L. Rev. 245 (1960). For article, "Eminent Domain, Police Power and Urban Renewal: Compensation for Interim Depreciation in Land Values," see 7 Ga. L. Rev. 226 (1972). For article discussing extraterritorial condemnation of property by municipalities, see 12 Ga. L. Rev. 1 (1977). For article discussing developments in the law of eminent domain in 1976 to 1977, see 29 Mercer L. Rev. 219 (1977). For article surveying recent legislative and judicial developments in Georgia's real property laws, see 31 Mercer L. Rev. 187 (1979). For article surveying Georgia cases in the area of local government law from June 1979 through May 1980, see 32 Mercer L. Rev. 137 (1980). For article, "A Critical Review of the Law of Business Loss Claims in Georgia Eminent Domain Jurisprudence," see 51 Mercer L. Rev. 11 (1999). For note on computation of compensation for condemned lands where value is enhanced by announcement of proposed improvement, see 15 Mercer L. Rev. 488 (1964). For note, "A Study of the Development and Current Status in Georgia of Inverse Condemnation Suits by a Landowner for Taking by Aerial Flights," see 2 Ga. St. B.J. 232 (1965).
JUDICIAL DECISIONS
Eminent domain statutes to be strictly construed.
- Because statutes delegating the power of eminent domain are in derogation of the property rights of the citizens, such statutes are strictly construed. Harwell v. Georgia Power Co., 246 Ga. 203, 269 S.E.2d 464 (1980).
Attorney fees are not available in condemnation actions. DOT v. Worley, 244 Ga. 783, 263 S.E.2d 436 (1979).
RESEARCH REFERENCESCondemnation of Rural Property for Highway Purposes, 8 Am. Jur. Trials 57.
Condemnation of Urban Property, 11 Am. Jur. Trials 189.
Condemnation of Easements, 22 Am. Jur. Trials 743.
Landowner's Evidence of Market Value in Eminent Domain Proceeding, 60 Am. Jur. Trials 447.
Condemnation of Leasehold Interests, 96 Am. Jur. Trials 211.
ALR.
- Power to establish building line along street, 28 A.L.R. 314.
Construction and application of rule requiring public use for which property is condemned to be "more necessary" or "higher use" than public use to which property is already appropriated - state takings, 49 A.L.R.5th 769.
