O.C.G.A. § 20-2-522 (2019)
Condemnation procedure
Condemnation proceedings by the boards and systems referred to in Code Section 20-2-521 shall take the form provided in Chapter 1 of Title 22 and Article 1 of Chapter 2 of Title 22 or the form provided in Article 3 of Chapter 2 of Title 22, provided that county boards of education in counties of this state having a population (including the population of any independent school district located in such county) of more than 500,000 according to the United States decennial census of 1950 or any future such census may use the form provided in Article 2 of Chapter 2 of Title 22.
History
Ga. L. 1947, p. 1130, § 2; Ga. L. 1953, Nov.-Dec. Sess., p. 174, § 1; Ga. L. 1956, p.
100, § 2; Ga. L. 1961, p. 2864, § 1; Ga. L. 1982, p. 2107, § 20.
Annotations
JUDICIAL DECISIONS 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). The 1967 amendment to the special master act should be construed as evidencing legislative intent that special master proceeding be considered a “supplementary” and “cumulative” form of condemnation in all cases wherein condemnor otherwise possesses power of emi-
nent domain. Mallory v. Upson County Bd. of Educ., 163 Ga. App. 377, 294 S.E.2d 599, 1982 Ga. App. LEXIS 2493 (1982). 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 the notice sufficiently puts one on notice that the condemnation is for public school purposes or for educational purposes as authorized by Ga. L. 1956, p. 100, § 1. Sheppard v.
DeKalb County Bd. of Educ., 220 Ga. 219, 138 S.E.2d 271, 1964 Ga. LEXIS 494 (1964). Separate equitable petition enjoining condemnation not valid. - Plaintiff’s claim that the defendants’ intentions in planning to condemn the plaintiff’s property without public need and without
T.20, C.2, A.11, P.3
the funds to pay for the property presented a threat of irreparable harm to the plaintiff in the future was not cognizable under Georgia law because a separate equitable petition to enjoin a condemnation governed by the statute will not lie. Saffold v. Carter, 739 F. Supp. 1541, 1990 U.S. Dist. LEXIS 19303 (S.D. Ga. 1990).
RESEARCH REFERENCES ALR. Amount of property which may be condemned 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.
PART 2 EXEMPTION FROM LEVY AND SALE