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2018 Georgia Code 22-1-12 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 22-1-12 Case Law from Google Scholar Amendments to OCGA 22-1-12

TITLE 22 EMINENT DOMAIN

Section 1. General Provisions, 22-1-1 through 22-1-15.

22-1-12. Reimbursement to property owner of reasonable costs and expenses associated with condemnation proceedings.

In all actions where a condemning authority exercises the power of eminent domain, the court having jurisdiction of a proceeding instituted by a condemnor to acquire real property by condemnation shall award the owner of any right or title to or interest in such real property such sum as will in the opinion of the court reimburse such owner for his or her reasonable costs and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the condemnation proceedings, if:

  1. The final judgment is that the condemning authority cannot acquire the real property by condemnation; or
  2. The proceeding is abandoned by the condemning authority.

(Code 1981, §22-1-12, enacted by Ga. L. 2006, p. 39, § 5/HB 1313.)

Effective date.

- This Code section became effective April 4, 2006.

Editor's notes.

- Ga. L. 2006, p. 39, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as 'The Landowner's Bill of Rights and Private Property Protection Act.'"

Ga. L. 2006, p. 39, § 25, not codified by the General Assembly, provides that the amendment to this Code section shall apply to those condemnation proceedings filed on or after February 9, 2006, where title has not vested in the condemning authority unless constitutionally prohibited.

Law reviews.

- For article on 2006 enactment of this Code section, see 23 Ga. St. U.L. Rev. 157 (2006). For annual survey on real property law, see 61 Mercer L. Rev. 301 (2009). For survey article on real property law, see 67 Mercer L. Rev. 193 (2015). For annual survey of real property law, see 68 Mercer L. Rev. 231 (2016).

JUDICIAL DECISIONS

Cited in City of Marietta v. Summerour, 302 Ga. 645, 807 S.E.2d 324 (2017).

Cases Citing Georgia Code 22-1-12 From Courtlistener.com

Total Results: 3

City of Marietta v. Summerour

Court: Supreme Court of Georgia | Date Filed: 2017-10-30

Citation: 302 Ga. 645, 807 S.E.2d 324

Snippet: condemnation proceedings pending that decision. OCGA § 22-1-12 allows a property owner to recoup attorney fees

Dillard Land Investments, LLC v. Fulton County

Court: Supreme Court of Georgia | Date Filed: 2014-07-11

Snippet: Appeals began its analysis by focusing on OCGA § 22-1-12, a statute enacted

Dillard Land Investments, LLC v. Fulton County

Court: Supreme Court of Georgia | Date Filed: 2014-07-11

Citation: 295 Ga. 515, 761 S.E.2d 282, 2014 WL 3396511, 2014 Ga. LEXIS 583

Snippet: Appeals began its analysis by focusing on OCGA § 22-1-12, a statute enacted in 2006 as part of the Landowner’s