O.C.G.A. § 22-1-7 (2019)
Effect of failure to agree on compensation
If the parties cannot agree upon the compensation to be paid, the same shall be assessed and determined as provided in Article 1 of Chapter 2 of this title.
History
Ga. L. 1894, p. 95, § 3; Civil Code 1895, § 4659; Civil Code 1910, § 5208; Code 1933, § 36-303.
Annotations
JUDICIAL DECISIONS Eminent domain statutes must be strictly construed. - The taking or injuring of private property for the public benefit is the exercise of a high power, and all the conditions and limitations provided by law, under which it may be done, should be closely followed. Too much caution in this respect cannot be observed to prevent abuse and oppression. Thomas v. City of Cairo, 206 Ga. 336, 57 S.E.2d 192 (1950). Private property cannot be taken for public uses, except under the forms and by due course of law. Thomas v. City of Cairo, 206 Ga. 336, 57 S.E.2d 192 (1950). Sole question to be passed upon is amount of compensation. - In a proceeding under this section, the sole question to be passed upon by the assessors, or a jury in the superior court on appeal, is the amount of compensation to be paid. Atlantic & B.R.R. v. Penny, 119 Ga. 479, 46 S.E. 665 (1904). Compensation must be paid before property is taken. - In eminent domain
proceedings, the property owner must be paid just and adequate compensation before the owner’s property is taken. Thomas v. City of Cairo, 206 Ga. 336, 57 S.E.2d 192 (1950). Negotiations with property owner required. - Negotiations by a county authority, procuring right of way for roads in the name of the Department of Transportation (formerly State Highway Department) in an effort to agree with the owner of the property to be taken are not only authorized, but are required. Miller v. State Hwy. Dep’t, 200 Ga. 485, 37 S.E.2d 365 (1946). Former Code 1933, §§ 36-302 and 36-303 (see O.C.G.A. §§ 22-1-6 and 22-1-7) required negotiation between the condemnor and condemnee and a failure to agree before condemnation proceedings could be instituted. Cable v. State Hwy. Bd., 208 Ga. 593, 68 S.E.2d 564 (1952). Cited in Barber v. Housing Auth., 189 Ga. 155, 5 S.E.2d 425 (1939).
RESEARCH REFERENCES Am. Jur. 2d. - 26 Am. Jur. 2d, Eminent Domain, § 112 et seq.
Am. Jur. Pleading and Practice Forms. - 9A Am. Jur. Pleading and Prac-
tice Forms, Eminent Domain, § 90 et seq. C.J.S. - 29A C.J.S., Eminent Domain, §§ 66 et seq, 206 et seq. ALR. - Eminent domain: elements and measure of compensation for oil or gas pipeline through private property, 38 A.L.R.2d 788; 23 A.L.R.4th 631. Mandamus to compel ascertainment of compensation for property taken or for injuries inflicted under the power of eminent domain, 91 A.L.R.2d 991. Admissibility under state law of hospi-
tal record relating to intoxication or sobriety of patient, 80 A.L.R.3d 456. Good will as element of damages for condemnation of property on which private business is conducted, 81 A.L.R.3d 198. Sufficiency of condemnor’s negotiations required as preliminary to taking in eminent domain, 21 A.L.R.4th 765. Admissibility of hospital records under Federal Business Records Act (28 USC sec. 1732(a)), 9 A.L.R. Fed. 457.