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2018 Georgia Code 44-9-46 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-9-46 Case Law from Google Scholar Amendments to OCGA 44-9-46

TITLE 44 PROPERTY

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

ARTICLE 3 PRIVATE WAYS

44-9-46. Determination of amount of compensation and other issues by jury; payment and disposition of damages.

The amount of compensation to be assessed against the condemnor for the private way desired shall be determined by a verdict of the jury; and the case shall stand for trial at the first term after service is perfected or at any subsequent term at which the case may be reached for trial. If an issue is made by pleadings filed by any defendant regarding the condemnor's right to have a private way established or with respect to the location or width thereof, such issues shall likewise be determined by the jury. Damages assessed shall be paid into the court and shall be disbursed by the clerk in accordance with the court's order regarding the party or parties entitled thereto.

(Code 1933, § 83-106, enacted by Ga. L. 1967, p. 143, § 2.)

JUDICIAL DECISIONS

Determination of amount of compensation.

- If condemnee filed an appeal to a jury after the Board of Assessors made its award, as the condemnee had a right to do, the trial court jury had the right to determine more than just the value of the right of way; it could also consider the issue of damages, if any, that the condemnee might have sustained. 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. § 44-9-46

Total Results: 2  |  Sort by: Relevance  |  Newest First

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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....