2020 Georgia Code
Title 22 - Eminent Domain
Chapter 4 - Relocation Assistance and Land Acquisition for Those Displaced by Federal-Aid Projects
§ 22-4-8. Payments by Public Entities for Litigation Expenses in Inverse Condemnation Proceedings
The several public entities are authorized to and shall make or approve the payments required by Section 305(2) of the Uniform Act for litigation expenses actually incurred by any person, family, business, farm operation, or nonprofit organization which is the plaintiff in any inverse condemnation proceeding brought against an acquiring public entity in which judgment is rendered in favor of the plaintiff for real property taken by the acquiring public entity in its execution of any federal-aid project, the costs of which are now or hereafter financed in whole or in part from federal funds allocated to the acquiring public entity.
(Ga. L. 1973, p. 512, § 7; Ga. L. 1989, p. 213, § 7.)
Law reviews.- For survey article on recent developments in Georgia law of remedies, see 34 Mercer L. Rev. 397 (1982).
JUDICIAL DECISIONS
No right of action for expenses against city.
- When condemnation was for purpose of acquiring land necessary for transit authority, fact that city institutes eminent domain proceedings in and of itself gives no right of action for expenses against the city under O.C.G.A. § 22-4-8. When the city is the legal condemnor, the transit authority, not the city, is the acquiring public entity for purposes of § 22-4-8. West v. Mayor of Atlanta, 248 Ga. 844, 286 S.E.2d 299 (1982).
Prerequisite to right to compensation.
- Plaintiffs could not seek compensation under O.C.G.A. § 22-4-8 when the plaintiffs did not prevail in their inverse condemnation action. Benton v. Savannah Airport Comm'n, 241 Ga. App. 536, 525 S.E.2d 383 (1999).
