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2018 Georgia Code 22-1-8 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 22-1-8 Case Law from Google Scholar Amendments to OCGA 22-1-8

TITLE 22 EMINENT DOMAIN

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

22-1-8. Exclusive nature of title.

All persons authorized to take or damage private property for public purposes shall proceed as set forth in this title.

(Ga. L. 1894, p. 95, § 1; Civil Code 1895, § 4657; Civil Code 1910, § 5206; Code 1933, § 36-301.)

JUDICIAL DECISIONS

Second application for condemnation.

- Where an application for condemnation is filed, and no steps are taken thereunder and it is abandoned, a new application may be made without reference to the abandoned application. Hutchinson v. Copeland, 146 Ga. 357, 91 S.E. 206 (1917).

Injunction against condemnation.

- The court grants an injunction against condemnation where it is shown that the plaintiff had made a bona fide selection of the right of way sought to be condemned. Western & Atl. R.R. v. Western Union Tel. Co., 138 Ga. 420, 75 S.E. 471, 42 L.R.A. (n.s.) 225 (1912); Nashville, C. & S.L. Ry. v. Western Union Tel. Co., 142 Ga. 525, 83 S.E. 123 (1914).

Appropriation or damage for public purposes.

- It is only where property has been appropriated or damaged by the erection and maintenance of a public improvement that the owner can recover upon the theory that his property has been appropriated or damaged for public purposes. Rhines v. Commissioners of Chatham County, 50 Ga. App. 844, 179 S.E. 140 (1935).

Law prescribing condemnation procedure incorporated by implication in municipal charter.

- Where city charter declared that city would have full power and authority to condemn property for the purpose of opening new streets to be exercised in the manner provided in this section and § 22-2-61(a), which taken alone do not provide a method, the general law of the state prescribing the procedure and the method of ascertaining damages became by implication a part of the municipal charter. Glidden Co. v. City of Collins, 189 Ga. 656, 7 S.E.2d 266 (1940).

Cited in Fleming v. City of Rome, 130 Ga. 383, 61 S.E. 5 (1908); Western & Atl. R.R. v. Western Union Tel. Co., 138 Ga. 420, 75 S.E. 471, 42 L.R.A. (n.s.) 225 (1912); Willcox v. State Hwy. Bd., 38 Ga. App. 373, 144 S.E. 214 (1928); Central of Ga. Ry. v. Thomas, 167 Ga. 110, 144 S.E. 739 (1928); H.G. Hastings Co. v. Southern Natural Gas Corp., 173 Ga. 212, 159 S.E. 853 (1931); State Hwy. Bd. v. Shierling, 51 Ga. App. 935, 181 S.E. 885 (1935); Harrison v. State Hwy. Dep't, 183 Ga. 290, 188 S.E. 445 (1936); State Hwy. Bd. v. Long, 61 Ga. App. 173, 6 S.E.2d 130 (1939); Hoch v. Candler, 190 Ga. 390, 9 S.E.2d 622 (1940); United States v. A Certain Tract or Parcel of Land, 44 F. Supp. 712 (S.D. Ga. 1942); Marist Soc'y v. City of Atlanta, 212 Ga. 115, 90 S.E.2d 564 (1955); Combs v. State Hwy. Dep't, 111 Ga. App. 132, 140 S.E.2d 892 (1965); DOT v. City of Atlanta, 255 Ga. 124, 337 S.E.2d 327 (1985).

RESEARCH REFERENCES

C.J.S.

- 25A C.J.S., Damages, § 2.

Cases Citing O.C.G.A. § 22-1-8

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Dep't of Transp. v. City of Atlanta, 337 S.E.2d 327 (Ga. 1985).

Cited 40 times | Published | Supreme Court of Georgia | Oct 8, 1985 | 255 Ga. 124

...94) and which subsequently appeared in the 1895 Code of Georgia § 4657 et seq. Code § 4657, the initial section in the law, stated, "All corporations or persons authorized to take or damage private property for public purposes shall proceed as herein set forth." This statute now appears as OCGA § 22-1-8, except that "corporations" has been deleted, and "as herein set forth" now reads "as set forth in this title." Code § 4660 stated, "The corporation or person seeking to condemn property for public purposes shall serve a notice upon the owner of the property ....
...." This statute, with "All corporations or persons" changed to "Any person," now appears at OCGA § 22-2-20. "Property" in OCGA § 22-2-20, thus, was originally limited to "private property" by the title of the law which included the original statute, and by original code § 4657. (OCGA § 22-1-8.) As the intervenors point out, these statutes — the general statutes and the procedural ones — remained separately grouped until the latest revision of the code in 1982. Now, former code § 4657 (OCGA § 22-1-8) has been removed from the chapter authorizing the procedure before assessors to the general chapter, Title 22, Chapter 1. Former code § 4660 (OCGA § 22-2-20) remained in the chapter authorizing the procedure. This change in position of these two code sections did not change their relationship. First, the plain meaning of OCGA § 22-1-8 authorizes only condemnation of private property pursuant to Title 22....
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City of Marietta v. Summerour, 302 Ga. 645 (Ga. 2017).

Cited 30 times | Published | Supreme Court of Georgia | Oct 30, 2017 | 807 S.E.2d 324

...s not mandatory or judicially enforceable. Summerour, on the other hand, notes that the provisions of Section 22-1-9 are introduced not in terms of a suggestion, but instead by words of command (“shall ... be guided”). He points as well to OCGA § 22-1-8, a statute that predates the Act of 2006 but provides that “[a] 11 persons authorized to take or damage private property for public purposes shall proceed as set forth in this title,” a title that now includes, of course, the provisions of the Act....
...pon them by law” (emphasis supplied)). Georgia law has always required governments to comply strictly with condemnation procedures when exercising the power of eminent domain, and the procedures listed in Section 22-1-9 are no exception. See OCGA § 22-1-8 (“All persons authorized to take or damage private property for public purposes shall proceed as set forth in this *660title.”)....

Saunders v. State (Ga. 2025).

Published | Supreme Court of Georgia | Dec 9, 2025 | 807 S.E.2d 324