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the Georgia Code
2006 Georgia Code - 2-6-41
2-6-41. (a) When a small watershed project is instituted
under the sponsorship of a duly constituted district alone or under
cosponsorship with any political subdivision of this state and is
approved by the state and federal governments for construction
thereof, and when, as a condition precedent to the exercise of the
rights conferred in this Code section, 90 percent or more of the
separate property owners have gratuitously given in writing and
delivered to such district the necessary easements and land rights,
for the purpose of the small watershed project, and when the
governing board of the district finds that it cannot acquire by
voluntary contract the remaining necessary easements and land
rights, the sponsoring district, upon such showing incorporated in
a condemnation proceeding, is granted the right of eminent domain
for the purpose of acquiring the remaining necessary easements and
land rights to enable it to accomplish the completion of the small
watershed project. (b) Upon
compliance with the conditions precedent set forth in subsection
(a) of this Code section, a district may proceed to condemn such
land in accordance with the procedure set forth by Code Sections
22-2-130 through 22-2-142 and other pertinent eminent domain
statutes to acquire the remaining easements and land rights
necessary. In any such proceeding, the condemnor shall be required
to condemn the fee simple title to all land not otherwise acquired
which will be covered by permanent ponding or permanent flooding.
The condemnor shall tender to the condemnee the full sum awarded in
the condemnation proceedings or shall pay the same into court, in
the event of the refusal of the condemnee to accept the same,
before entering upon, occupying, or subjecting to its use, by
flooding or otherwise, any part of the lands or rights in land
sought to be condemned.
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