2020 Georgia Code
Title 22 - Eminent Domain
Chapter 1 - General Provisions
§ 22-1-12. Reimbursement to Property Owner of Reasonable Costs and Expenses Associated With Condemnation Proceedings
In all actions where a condemning authority exercises the power of eminent domain, the court having jurisdiction of a proceeding instituted by a condemnor to acquire real property by condemnation shall award the owner of any right or title to or interest in such real property such sum as will in the opinion of the court reimburse such owner for his or her reasonable costs and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the condemnation proceedings, if:
- The final judgment is that the condemning authority cannot acquire the real property by condemnation; or
- The proceeding is abandoned by the condemning authority.
(Code 1981, §22-1-12, enacted by Ga. L. 2006, p. 39, § 5/HB 1313.)
Editor's notes.- Ga. L. 2006, p. 39, § 1/HB 1313, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as 'The Landowner's Bill of Rights and Private Property Protection Act.'"
Ga. L. 2006, p. 39, § 25/HB 1313, not codified by the General Assembly, provides that the amendment to this Code section shall apply to those condemnation proceedings filed on or after February 9, 2006, where title has not vested in the condemning authority unless constitutionally prohibited.
Law reviews.- For article on 2006 enactment of this Code section, see 23 Ga. St. U.L. Rev. 157 (2006). For annual survey on real property law, see 61 Mercer L. Rev. 301 (2009). For survey article on real property law, see 67 Mercer L. Rev. 193 (2015). For annual survey of real property law, see 68 Mercer L. Rev. 231 (2016).
JUDICIAL DECISIONS
Cited in City of Marietta v. Summerour, 302 Ga. 645, 807 S.E.2d 324 (2017); Morgan County v. Gay, 352 Ga. App. 555, 834 S.E.2d 576 (2019), cert. denied, No. S20C0331, 2020 Ga. LEXIS 380 (Ga. 2020); cert. denied, No. S20C0495, 2020 Ga. LEXIS 390 (Ga. 2020); cert. denied, No. S20C0332, 2020 Ga. LEXIS 398 (Ga. 2020).
RESEARCH REFERENCES
Am. Jur. 2d.
- 26 Am. Jur. 2d, Eminent Domain, §§ 112 et seq., 182 et seq.
C.J.S.- 29A C.J.S., Eminent Domain, § 550 et seq.
