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2018 Georgia Code 44-9-44 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-9-44 Case Law from Google Scholar Amendments to OCGA 44-9-44

TITLE 44 PROPERTY

Section 9. Easements, 44-9-1 through 44-9-92.

ARTICLE 3 PRIVATE WAYS

44-9-44. Appeals from award of assessors; jury trial.

Either party shall have the right to appeal from the award of the board of assessors to a jury in the superior court; and such appeals shall be made in accordance with and shall be controlled by Part 5 of Article 1 of Chapter 2 of Title 22.

(Code 1933, § 83-105, enacted by Ga. L. 1967, p. 143, § 2.)

JUDICIAL DECISIONS

Appeal from award of assessors.

- Before a right of way could be granted, either the condemnee or condemnor had the right to appeal a board of assessor's award properly filed and recorded with the clerk of court; however, because the board of assessors did not file such an award, the 10-day time period for appealing a properly filed and recorded award did not start running, and, thus, the condemnor did not exhaust the appellate process and obtain a final judgment. Morrison v. Derdziak, 255 Ga. App. 89, 564 S.E.2d 500 (2002).

Cited in Arnold v. Selected Sites, Inc., 229 Ga. 468, 192 S.E.2d 260 (1972).

Cases Citing O.C.G.A. § 44-9-44

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Cline v. McMullan, 263 Ga. 321 (Ga. 1993).

Cited 5 times | Published | Supreme Court of Georgia | Jul 12, 1993 | 431 S.E.2d 368, 93 Fulton County D. Rep. 2431

...Regarding appeals Title 44 provides: Either party shall have the right to appeal from the award of the board of assessors to a jury in the superior court; and *322such appeals shall be made in accordance with and shall be controlled by Part 5 of Article 1 of Chapter 2 of Title 22. OCGA § 44-9-44....
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Atlanta-East, Inc. v. Tate Mountain Assocs., Inc., 265 Ga. 742 (Ga. 1995).

Cited 2 times | Published | Supreme Court of Georgia | Oct 16, 1995 | 462 S.E.2d 613, 95 Fulton County D. Rep. 3216

...370, 373 (47 SE 967) (1904) (condemnor may demonstrate necessity to condemn private way over another’s land where expense to build road across own land is so out of proportion to value of the estate). OCGA § 44-9-40 (b). OCGA § 44-9-43. OCGA §§ 44-9-44 and 44-9-46. OCGA § 44-9-46.
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Hanson v. Tallant, 461 S.E.2d 225 (Ga. 1995).

Cited 2 times | Published | Supreme Court of Georgia | Sep 11, 1995 | 265 Ga. 669

...NOTES [1] At a hearing held pursuant to OCGA § 44-9-43, the trial judge found that no reasonable means of access existed and ordered the parties to name assessors. After the assessors made their award, neither Hanson nor any other party appealed under OCGA §§ 44-9-44 and 44-9-46 to seek a jury determination of damages, Tallant's "right to have a private way established," or its "location or width." This appeal is from the final judgment entered after the time to seek a jury determination expired....