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2018 Georgia Code 22-1-14 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 22-1-14 Case Law from Google Scholar Amendments to OCGA 22-1-14

TITLE 22 EMINENT DOMAIN

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

22-1-14. Valuation of condemned property.

  1. When property is condemned under this title or any other title of this Code, the value of the condemned property may be determined through lay or expert testimony and its admissibility shall be addressed to the sound discretion of the court.
  2. If any party to a condemnation proceeding seeks to introduce expert testimony as to the issue of just and adequate compensation, Code Section 24-7-702 shall not apply.

(Code 1981, §22-1-14, enacted by Ga. L. 2006, p. 39, § 5/HB 1313; Ga. L. 2011, p. 99, § 38/HB 24.)

Effective date.

- This Code section became effective April 4, 2006.

The 2011 amendment, effective January 1, 2013, substituted "Code Section 24-7-702" for "Code Section 24-9-67.1" near the end of subsection (b). See Editor's notes for applicability.

Cross references.

- Expert opinion testimony in civil actions, § 24-7-702.

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.

Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.

Law reviews.

- For annual survey of evidence law, see 58 Mercer L. Rev. 151 (2006). For article on 2006 enactment of this Code section, see 23 Ga. St. U.L. Rev. 157 (2006). For article, "Evidence," see 27 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011).

JUDICIAL DECISIONS

Lay witness opinion inadmissible on cost to build bridge.

- Trial court did not abuse the court's discretion in excluding, for insufficient foundation, a witness's opinion testimony concerning the cost to build a bridge over a waterway to cure trusts' lost usage after the condemnation of a ford over the waterway because the proffer the trusts made did not demonstrate pursuant to O.C.G.A. § 24-9-66 a basis upon which the witness could have formed the witness's own opinion on the cost to build the bridge apart from the single estimate the witness received; the trusts did not proffer that the witness obtained any other estimates concerning the cost to construct the bridge, spoke to anyone else about that cost, or possessed or sought to obtain any other information about that cost or about the accuracy of the estimate the witness had received. Martha K. Wayt Trust v. City of Cumming, 306 Ga. App. 790, 702 S.E.2d 915 (2010).

Cited in Mason v. Home Depot U.S.A., Inc., 283 Ga. 271, 658 S.E.2d 603 (2008).

Cases Citing O.C.G.A. § 22-1-14

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Mason v. Home Depot U.S.A., Inc., 658 S.E.2d 603 (Ga. 2008).

Cited 81 times | Published | Supreme Court of Georgia | Mar 10, 2008 | 283 Ga. 271, 2008 Fulton County D. Rep. 745

...n of science, skill, trade, or like questions shall always be admissible; and such opinions may be given on the facts as proved by other witnesses."), and in civil condemnation actions, which are exempted from the requirements of the statute by OCGA § 22-1-14(b), thereby establishing their appellate standing to assert a claim of denial of equal protection of the law....
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Yugueros v. Robles, 300 Ga. 58 (Ga. 2016).

Cited 9 times | Published | Supreme Court of Georgia | Oct 31, 2016 | 793 S.E.2d 42

...Yugueros or anyone else. During the pre-trial hearing, the trial court denied the motion in limine without prejudice, stating that the matter could be raised again if the evidence warranted. OCGA § 24-7-702 reads: (a) Except as provided in Code Section 22-1-14 and in subsection (g) of this Code section, the provisions of this Code section shall apply in all civil proceedings. The opinion of a witness qualified as an expert under this Code section may be given on the facts as proved by other...