Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 22-2-100 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 22-2-100 Case Law from Google Scholar Amendments to OCGA 22-2-100

TITLE 22 EMINENT DOMAIN

Section 2. Condemnation Procedure Generally, 22-2-1 through 22-2-142.

ARTICLE 2 PROCEEDING BEFORE SPECIAL MASTER

22-2-100. "Condemning body" and "condemnor" defined.

As used in this article, "condemning body" or "condemnor" means:

  1. The State of Georgia or any branch or any department, board, commission, agency, or authority of the executive branch of the government of the State of Georgia;
  2. Any county or municipality of the State of Georgia;
  3. Any housing authority with approval of the governing authority of the city or county as provided in Code Section 8-3-31.1;
  4. Any other political subdivision of the State of Georgia which possesses the power of eminent domain; and
  5. All public utilities that possess the right or power of eminent domain.

(Ga. L. 1957, p. 387, § 1; Ga. L. 1962, p. 461, § 1; Ga. L. 1967, p. 825, § 1; Ga. L. 2006, p. 39, § 7/HB 1313.)

The 2006 amendment, effective April 4, 2006, inserted "or any department, board, commission, agency, or authority of the executive branch" in paragraph (1); added "with approval of the governing authority of the city or county as provided in Code Section 8-3-31.1" at the end of paragraph (3); substituted "possesses" for "is vested with" near the end of paragraph (4); and substituted "All public utilities that possess" for "All other persons possessing" at the beginning of paragraph (5). For applicability, see Editor's notes.

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 only apply to petitions for condemnation filed on or after April 4, 2006.

Law reviews.

- For article on 2006 amendment of this Code section, see 23 Ga. St. U.L. Rev. 157 (2006). For survey article on local government law, see 67 Mercer L. Rev. 147 (2015).

JUDICIAL DECISIONS

Legislative intent of 1967 amendment was to vest power companies which supply electricity to the public with the power to condemn in fee simple for public purposes and subject to the protective statutory procedures provided in the act. Harwell v. Georgia Power Co., 246 Ga. 203, 269 S.E.2d 464 (1980).

This article is ample authority for power company to condemn in fee simple whenever it can show a public purpose and necessity. Harwell v. Georgia Power Co., 246 Ga. 203, 269 S.E.2d 464 (1980).

Actions to condemn sewer easements are properly brought under this article. Threatt v. Fulton County, 266 Ga. 466, 467 S.E.2d 546 (1996).

Railroads as condemnors.

- See Central of Ga. R.R. v. Georgia Pub. Serv. Comm'n, 257 Ga. 217, 356 S.E.2d 865 (1987).

Contract rights after condemnation.

- County water and sewer authority could charge a developer tap fees after the authority acquired, by condemnation under O.C.G.A. § 22-2-100 et seq., the developer's contract with a private company which allowed termination at will; another provider's condemned contracts did not allow for termination, and thus, a rational basis existed under the Fourteenth Amendment for treating the developer differently. Highland Props. v. Lee County Utils. Auth., F. Supp. 2d (M.D. Ga. Sept. 30, 2005).

Challenge to special masters award.

- Trial court properly refused to dismiss a landowner's appeal on grounds that it failed to express dissatisfaction with the compensation awarded by the special master, as it provided the utility with notice that the landowner was objecting to the valuation given on the property; moreover, in light of the interest that the utility acquired in the property, and the purposes for which it intended to use that property, consequential damages potentially represented a significant portion of the compensation the landowner could recover. Ga. Power Co. v. Stowers, 282 Ga. App. 695, 639 S.E.2d 605 (2006).

Condemnation of a property owner's land by a city was upheld on appeal, as was the trial court's judgment entered upon a jury verdict in the amount of $63,361 for the property and an award of attorney fees to the city, because the property owner never challenged the valuation made by a special master and also removed the amount awarded from the registry, thereby estopping the owner from challenging the legality of the taking on appeal. Mayo v. City of Stockbridge, 285 Ga. App. 58, 646 S.E.2d 79 (2007), cert. denied, No. S07C1279, 2007 Ga. LEXIS 707 (Ga. 2007).

Cited in Herron v. Metropolitan Atlanta Rapid Transit Auth., 177 Ga. App. 201, 338 S.E.2d 777 (1985); Stafford v. Bryan County Bd. of Educ., 212 Ga. App. 6, 440 S.E.2d 774 (1994); Clary v. City of Stockbridge, 300 Ga. App. 623, 686 S.E.2d 288 (2009).

Warning: 'results' key not found in API response

No results found for Georgia Code 22-2-100.