2021 Georgia Code
Title 32 - Highways, Bridges, and Ferries
Chapter 3 - Acquisition of Property for Transportation Purposes
Article 1 - General Provisions
§ 32-3-7. Deposit of Estimated Compensation; Vesting of Title in Condemning Authority; Protection of Due Process Rights
- Upon the filing of the declaration of taking and the deposit into court, which deposit shall be made at the time the declaration of taking is filed to the use of the persons entitled thereto, of the sum of money estimated in the declaration by the condemning authority to be just compensation, title to the property in fee simple absolute or such lesser interest as is specified in the declaration shall vest in the condemnor; the land shall be deemed to be condemned and taken for the use of the condemnor; and the right to just compensation for the same shall vest in the persons entitled thereto.
- Nothing in this Code section shall be construed so as to deprive the owner of the property or interest of due process of law as guaranteed by the Constitutions of Georgia and of the United States.
(Code 1933, § 95A-605, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1982, p. 3, § 32.)
OPINIONS OF THE ATTORNEY GENERAL
Right to interest in condemnation proceeding.
- Right to receive interest as part of just and adequate compensation vests on date of taking, which is the day the declaration of taking, accompanied by the payment of just and adequate compensation, is filed in a superior court. 1980 Op. Att'y Gen. No. 80-100.
Surplus property, not to be placed in court registry.- Legislature intended that only money, and not surplus property, be placed into the court registry for satisfaction of any judgment resulting from a condemnation action. 1992 Op. Att'y Gen. No. 92-8.
RESEARCH REFERENCES
ALR.
- Constitutionality of statute or ordinance denying right of property owners to defeat a proposed street improvement by protest, 52 A.L.R. 883.
