O.C.G.A. § 20-2-521 (2019)

Annotations

Cross references. Eminent domain, Ga. Const. 1983, Art. IX, Sec. II, Para. V.

Condemnation procedure generally, T. 22, C. 2. JUDICIAL DECISIONS Expenditure of public funds for purpose of constructing football stadium is authorized. Herren v. Board of Educ., 219 Ga. 431, 134 S.E.2d 6, 1963 Ga. LEXIS 475 (1963). When sewer line necessary, immaterial that other individuals served. - When the evidence shows a necessary school purpose in constructing a sewer line, it is immaterial that other individuals may be served. Norton Realty & Loan Co. v. Board of Educ., 129 Ga. App. 668, 200 S.E.2d 461, 1973 Ga. App. LEXIS 1105 (1973). Extraterritorial exercise of power as unreasonable. - In attempting to condemn condemnee’s property outside its jurisdiction for purpose of constructing an athletic track adjacent to a school also outside its jurisdiction, condemnor county board of education exceeded the board’s authority inasmuch as such an extraterritorial exercise of power of condemnation was not “reasonably necessary” to the full exercise of any authority otherwise expressly granted to the condemnor. Mallory v. Upson County Bd. of Educ., 163 Ga. App. 377, 294 S.E.2d 599, 1982 Ga. App. LEXIS 2493 (1982). Condemnor may take land outside territorial limits. - When the power of eminent domain is being utilized for the purpose of creating or improving a sewage system and the land taken is reasonably necessary to accomplish this end, the condemning authority may take land outside

the authority’s territorial limits. Norton Realty & Loan Co. v. Board of Educ., 129 Ga. App. 668, 200 S.E.2d 461, 1973 Ga. App. LEXIS 1105 (1973). Junior college established and administered by county board constitutes “public educational program.” - Junior college which is established, constructed, equipped, maintained, operated, and administered by a county board of education as a “community educational institution” is clearly a “public educational program.” Sheppard v. DeKalb County Bd. of Educ., 220 Ga. 219, 138 S.E.2d 271, 1964 Ga. LEXIS 494 (1964). Adequate notice to those whose property condemned states condemnation’s purpose. - Resolution in order to give adequate notice of purpose to those whose property is being condemned need not go into a detailed analysis of what type of school facility or building is being contemplated so long as it sufficiently puts one on notice that the condemnation is for public school purposes or for educational purposes as authorized by law. Sheppard v. DeKalb County Bd. of Educ., 220 Ga. 219, 138 S.E.2d 271, 1964 Ga. LEXIS 494 (1964). Proceeding before special master. - Superior court did not err in holding that condemnor county board of education was authorized to proceed under special master act in exercising power of eminent domain. Mallory v. Upson County Bd. of Educ., 163 Ga. App. 377, 294 S.E.2d 599, 1982 Ga. App. LEXIS 2493 (1982).

OPINIONS OF THE ATTORNEY GENERAL Board may condemn for school purposes. - County board of education may legally condemn land for school purposes assuming that the proceeding therefor is

brought in the name of the individual members of the county board of education. 1952-53 Ga. Op. Att’y Gen. 57.

RESEARCH REFERENCES Am. Jur. 2d. 68 Am. Jur. 2d, Schools, §§ 45, 86 et seq.

C.J.S. 78 C.J.S., Schools and School Districts, § 508.

ELEMENTARY & SECONDARY EDUC.

ALR. Condemnation of premises or part thereof as affecting rights of landlord and tenant inter se, 163 A.L.R. 679. Condemner’s waiver, surrender, or limitation, after award, of rights or part of property acquired by condemnation, 5 A.L.R.2d 724. Admissibility, in eminent domain proceeding, of evidence as to price paid for condemned real property during pendency of the proceeding, 55 A.L.R.2d 781. Admissibility, in eminent domain proceeding, of evidence as to price paid for condemned real property on sale prior to the proceeding, 55 A.L.R.2d 791. Amount of property which may be con-

demned for public school, 71 A.L.R.2d 1071. Zoning regulations as applied to public elementary and high schools, 74 A.L.R.3d 136. Eminent domain: Right of owner of land not originally taken or purchased as part of adjacent project to recover, on enlargement of project to include adjacent land, enhanced value of property by reason of proximity to original land - state cases, 95 A.L.R.3d 752. Eminent domain: Recovery of value of improvements made with knowledge of impending condemnation, 98 A.L.R.3d 504.