2021 Georgia Code
Title 22 - Eminent Domain
Chapter 2 - Condemnation Procedure Generally
Article 3 - Proceeding Before Court
- § 22-2-130. Authority to Petition Superior Court for Judgment in Rem; Applicability to Acquisition of Public Property
- § 22-2-131. Contents of Petition
- § 22-2-132. Order to Appear; Directions for Notice and Service Thereof; Attachment of Process to Petition; Cause to Proceed as in Rem
- § 22-2-133. Service of Process Generally
- § 22-2-134. Discretion of Judge to Cause Additional Notice or Service to Be Given; Notification of Tax Collector or Tax Commissioner
- § 22-2-135. Appointment of Assessors; Discretion of Judge to Have Issues Tried in First Instance by Jury
- § 22-2-136. Appeal From Assessors' Award
- § 22-2-137. Factors 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
- § 22-2-138. Scope 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
- § 22-2-139. Right of Interested Persons to Intervene; Effect of Subsequent Proceedings on Rights of Condemnor
- § 22-2-140. Notification of Court by Tax Collector or Tax Commissioner of Taxes Due on Property or Interest; Actions by Court to Discharge Lien
- § 22-2-141. Filing and Recording of Award, Decree, and Description of Condemned Property or Interest or Copies Thereof; Payment of Fees to Clerk of Superior Court
- § 22-2-142. Intent of Article Regarding Effect on Other Methods of Condemnation
Date of taking is date of special master's or assessor's award. 1970 Op. Att'y Gen. No. 70-116.
State Highway Department (now Department of Transportation) has authority to condemn private property to construct sidewalks, curbs and gutters, and the department has authority to condemn private property for any and all necessary drainage ditches in connection with the construction and maintenance of any road or highway on the State Highway System. 1950-51 Op. Att'y Gen. p. 432.
RESEARCH REFERENCES
ALR.
- Limitation applicable to action or proceeding by owner for compensation where property is taken in exercise of eminent domain without antecedent condemnation proceeding, 123 A.L.R. 676.
Condemnation of premises or part thereof as affecting rights of landlord and tenant inter se, 163 A.L.R. 679.
Condemnor's waiver, surrender, or limitation, after award, of rights or part of property acquired by condemnation, 5 A.L.R.2d 724.
Right to open and close argument in trial of condemnation proceedings, 73 A.L.R.2d 613.
Power of eminent domain as between state and subdivision or agency thereof, or as between different subdivisions or agencies themselves, 35 A.L.R.3d 1293.
Condemned property's location in relation to proposed site of building complex or similar improvement as factor in fixing compensation, 51 A.L.R.3d 1050.
State statute of limitations applicable to inverse condemnation or similar proceedings by landowner to obtain compensation for direct appropriation of land without the institution or conclusion of formal proceedings against specific cover, 26 A.L.R.4th 68.
