...purposes without just and adequate compensation being first paid . . ." Ga. Const., Art. I, Sec. III, Par. I. (Constitution of 1976, Art. I, Sec. III, Par. I; Code Ann. § 2-301.) Direct condemnation proceedings are provided for by statute. Cf. OCGA § 22-2-1 et seq....

...She failed to do so, and the trial court therefore correctly dismissed this case. Judgment affirmed. All the Justices concur. NOTES [1] The parties discuss two methods of condemnation in their briefs on appeal: the special master method, see OCGA §§ 22-2-100 to 22-2-114, and the declaration of taking method, see OCGA §§ 32-3-4 to 32-3-20. A third method—the assessor method, see OCGA §§ 22-2-1 to 22-2-86 —is not at issue. The special master method of condemnation affords the owner pre-taking notice and an opportunity to be heard by the special master on the issue of just and adequate compensation, see OCGA §§ 22-2-102, 22-2-107, 22-2-111, and the special master's decision can be appealed for a de novo determination by a jury, see OCGA § 22-2-112....

...failed, and authorized the filing of a lawsuit using the “special master” method of condemnation to acquire the property if the negotiations continued to falter. See Special Master Act of 1957, Ga. L. 1957, p. 387 (codified as amended at OCGA 22-2-100 to 22-2-114).1 On February 24, 2012, the County filed a petition for condemnation, alleging that “all questions of necessity and public convenience with respect to said expansion and the necessity of acquiring the land herein described have been d...

...On May 15, Dillard filed 1 The special master method is one of the three primary Georgia statutory procedures for condemning property. The other two are the much older “assessors” method, see Ga. L. 1894, p. 95 (codified as amended at OCGA §§ 22-2-1 to 22-2-86), which is discussed below, and the “declaration of taking” method, see Ga....

...non-value objections to the award within 13 days after service of the order, and indicated that the court would thereafter enter a new judgment. Both August 14 orders included a finding that neither party had filed an appeal for a jury trial under OCGA § 22-2-112 (a) to dispute the amount of the award and that the time to file such an appeal had expired....

...at 347. We granted Dillard’s petition for a writ of certiorari. the voluntary dismissal, which the trial court denied, but the Court of Appeals reversed on the ground that title to the property vested in the condemnor upon entry of the court’s judgment and payment of the special master’s award, see OCGA §§ 22-2-107 (g), 22-2-110 (b), 22-2-111, precluding the condemnor from voluntarily dismissing the action....

...ause the special master method of condemnation differs from the assessors method in that the condemnation action does not end with the special master’s filing of his award determining the amount of compensation due to the condemnee, since OCGA § 22-2-111 requires the superior court to enter a judgment on the award after addressing any non-value objections.6 6 OCGA § 22-2-111 says: Upon the entry of the award of the special master or the special master panel, if such a panel exists, and the presentation of the award to the judge of the superior court, the judge shall enter a proper order...

...By contrast, where no appeal to the superior court is filed in an assessors method case, the court does not enter a judgment on the assessors’ award; instead, within ten days, the award is “filed 7  It is true that § 22-2-111 requires the court in all special master condemnation cases to enter a formal judgment condemning the property to the condemnor’s use, something that is required for an assessors award only if there is an appeal to the court either t...

...award. Thus, assessors, who are real estate appraisers, are prohibited from deciding questions of law, while special masters are competent attorneys appointed by the court who are authorized to decide legal questions in the first instance. See OCGA § 22-2-103 (“The special master ....

...fundamental issue in the condemnation action. Under both methods, the value award can be changed only by a jury, if either party files a timely and proper appeal for a de novo jury determination of value. See OCGA §§ 22-2-82 (assessors method), 22-2-113 (c) (special master method)....

...The court has no discretion to change the value awarded under either method. If there are no non- value legal objections, the court takes no action as to an assessors’ award or simply makes a special master’s award the judgment of the court. See OCGA § 22-2-111 (“Upon the entry of the award of the special master ....

...ster method, once the special master has rendered his value decision as the fact-finder in the action – a decision on the merits of the case that the superior court has no discretion to alter. See 13 OCGA § 22-2-111....

...plaintiff nevertheless cannot thereafter voluntarily dismiss his action unilaterally, see Guillebeau, 254 Ga. at 491-492 – and a special master’s value award is more binding on the court than its own oral announcement of how it expects to rule. See OCGA § 22-2-111. (c) The Court of Appeals erred in deeming the assessors cases inapposite and relying instead on OCGA § 22-1-12....

...occurred in this case before the County moved to dismiss its action. Once the special master announces his award, if the condemnor believes that the value placed on the property is too high, the only remedy is to appeal the award for a de novo jury determination of value under OCGA § 22-2-112, a remedy that the County did not pursue in this case. (d) Finally, we address the County’s contention that it is “absurd” to limit the condemnor’s time to abandon an action brought under the special master metho...

...The County, 17 however, decided when it was ready to seek condemnation of the property at issue, and it also decided to use the special master method, knowing that such a proceeding is required to move quickly. See OCGA §§ 22-2-101 (special master method is designed to be “quick”), 22-2-102 (same), 22-2-102.1 (same), 22-2-107 (g) (“The purpose of this [special master method is] to quicken and simplify the condemnation proceeding ....

...n Title 22 for conducting a condemnation proceeding under the state's power of eminent domain, and assessing the amount of just and adequate compensation to be paid to the condemnee; of these three methods, a proceeding before a special master, OCGA § 22-2-100 et seq., was the method utilized here. [2] The special master entered an award recommending that the property interest sought to be condemned by the plaintiff be condemned by a judgment in rem upon payment into the registry of the court of $45,000, see OCGA § 22-2-110, representing the actual market value of the property interest sought to be condemned — the special master finding no consequential damages or benefits to the remaining property interests of the condemnees. See OCGA § 22-2-109 (c)....

...gs of the special master. However, the court did not follow the special master's recommendation concerning the amount of compensation to be paid to the defendants, in that the defendants have a statutory right to a jury trial on this issue. See OCGA § 22-2-112, infra....

...ing their motion for jury trial "on all issues of law and fact." For the following reasons, we find this argument to be without merit. The statute which established the special-master proceeding in condemnation actions was enacted in 1957. [11] OCGA § 22-2-100 et seq....

...on the payment of the amount awarded by the special master into the registry of the court, the award of the special master and the judgment of the court condemning the property or interest to the use of the condemning body shall be conclusive." OCGA § 22-2-107 (g); Roberts v. Wise, 140 Ga. App. 1 (230 SE2d 320) (1976); Johnson v. Fulton County, 103 Ga. *66 App. 873 (2) (121 SE2d 54) (1961); See n. 10, supra. OCGA § 22-2-111 goes on to provide, "Upon the entry of the award of the special master and the presentation of the award to the judge of the superior court, the judge shall enter a proper order and judgment of the court condemning the described property or other interest in rem to the use of the condemnor upon the condemnor's paying into the registry of the court the amount provided in the award of the special master." And, OCGA § 22-2-112 states, "In case any party is dissatisfied with the amount of the award, he may, within ten days after the award is filed, enter in writing an appeal from the award to the superior court of the county where the award is filed....

...by the owners of mines. All proceedings in relation thereto shall be had and the damages shall be assessed and paid according to the method of condemning land provided in Title 22." [2] The other two methods are proceedings before an assessor, OCGA § 22-2-1 et seq., and proceedings before a court. OCGA § 22-2-130 et seq....

...iled, and authorized the filing of a lawsuit using the “special master” method of condemnation to acquire the property if the negotiations continued to falter. See Special Master Act of 1957, Ga. L. 1957, p. 387 (codified as amended at OCGA §§ 22-2-100 to 22-2-114).1 On February 24, 2012, the County filed a petition for condemnation, alleging that “all questions of necessity and public convenience with respect to said expansion and the necessity of acquiring the land herein described have been d...

...petition.2 1 The special master method is one of the three primary Georgia statutory procedures for condemning property. The other two are the much older “assessors” method, see Ga. L. 1894, p. 95 (codified as amended at OCGA §§ 22-2-1 to 22-2-86), which is discussed below, and the “declaration of taking” method, see Ga....

...non-value objections to the award within 13 days after service of the order, and indicated that the court would thereafter enter a new judgment. Both August 14 orders included a finding that neither party had filed an appeal for a jury trial under OCGA § 22-2-112 (a) to dispute the amount of the award and that the time to file such an appeal had expired....

...The condemnee filed a motion to set aside the voluntary dismissal, which the trial court denied, but the Court of Appeals reversed on the ground that title to the property vested in the condemnor upon entry of the court’s judgment and payment of the special master’s award, see OCGA §§ 22-2-107 (g), 22-2-110 (b), 22-2-111, precluding the condemnor from voluntarily dismissing the action....

...ause the special master method of condemnation differs from the assessors method in that the condemnation action does not end with the special master’s filing of his award determining the amount of compensation due to the condemnee, since OCGA § 22-2-111 requires the superior court to enter a judgment on the award after addressing any non-value objections.6 It is true that OCGA § 22-2-111 requires the court in all special master condemnation cases to enter a formal judgment condemning the property to the condemnor’s use, something that is required for an assessors’ award only if 6 OCGA § 22-2-111 says: Upon the entry of the award of the special master or the special master panel, if such a panel exists, and the presentation of the award to the judge of the superior court, the judge shall enter a...

...that fundamental issue in the condemnation action. Under both methods, the value award can be changed only by a jury, if either party files a timely and proper appeal for a de novo jury determination of value. See OCGA §§ 22-2-82 (assessors method), 22-2-113 (c) (special master method)....

...assessor’s award. Thus, assessors, who are real estate appraisers, are prohibited from deciding questions of law, while special masters are competent attorneys appointed by the court who are authorized to decide legal questions in the first instance. See OCGA § 22-2-103 (“The special master ....

...8 discretion to change the value awarded under either method. If there are no non- value legal objections, the court takes no action as to an assessors’ award or simply makes a special master’s award the judgment of the court. See OCGA § 22-2-111 (“Upon the entry of the award of the special master ....

...And the principle applies with equal force to condemnation actions under the special master method, once the special master has rendered his value decision as the factfinder in the action — a decision on the merits of the case that the superior court has no discretion to alter. See OCGA § 22-2-111....

...plaintiff nevertheless cannot thereafter voluntarily dismiss his action unilaterally, see Guillebeau, 254 Ga. at 491-492 — and a special master’s value award is more binding on the court than its own oral announcement of how it expects to rule. See OCGA § 22-2-111. (c) The Court of Appeals erred in deeming the assessors’ cases inapposite and relying instead on OCGA § 22-1-12....

...occurred in this case before the County moved to dismiss its action. Once the special master announces his award, if the condemnor believes that the value placed on the property is too high, the only remedy is to appeal the award for a de novo jury determination of value under OCGA § 22-2-112, a remedy that the County did not pursue in this case. (d) Finally, we address the County’s contention that it is “absurd” to limit the condemnor’s time to abandon an action brought under the special master method to t...

...in this case was six weeks after the County filed its action. The County, however, decided when it was ready to seek condemnation of the property at issue, and it also decided to use the special master method, knowing that such a proceeding is required to move quickly. See OCGA §§ 22-2-101 (special 17 master method is designed to be “quick”), 22-2-102 (same), 22-2-102.1 (same), 22-2-107 (g) (“The purpose of this [special master method is] to quicken and simplify the condemnation proceeding ....