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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).

Cases Citing O.C.G.A. § 22-2-100

Total Results: 13  |  Sort by: Relevance  |  Newest First

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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

...When the City was unable to negotiate a voluntary sale of the parcel, it resolved to take the land by eminent domain, and it filed a petition in the Superior Court of Cobb County to condemn the property Following an evidentiary hearing before a special master, see OCGA § 22-2-100 et seq., the superior court adopted the return of the special master and entered an order of condemnation. Summerour appealed, and in Summerour v....
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Windsor v. City of Atlanta, 695 S.E.2d 576 (Ga. 2010).

Cited 14 times | Published | Supreme Court of Georgia | May 17, 2010 | 287 Ga. 334, 2010 Fulton County D. Rep. 1605

...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....
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Dillard Land Investments, LLC v. Fulton Cnty., 295 Ga. 515 (Ga. 2014).

Cited 12 times | Published | Supreme Court of Georgia | Jul 11, 2014 | 761 S.E.2d 282

...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...
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Stafford v. Bryan Cnty. Bd. of Educ., 476 S.E.2d 727 (Ga. 1996).

Cited 11 times | Published | Supreme Court of Georgia | Oct 7, 1996 | 267 Ga. 274, 96 Fulton County D. Rep. 3537

...Henderson, Jr., Michael Peter Ludwiczak, Henderson & Henderson, Richmond Hill, for Stafford. Gerald M. Edenfield, Susan W. Cox, Edenfield & Cox, P.C., Statesboro, for Bryan County Bd. of Educ. HUNSTEIN, Justice. This appeal involves application of the Special Master Act, OCGA § 22-2-100 et seq., specifically, that provision of the Act which allows a party who is dissatisfied with the *728 special master's award to appeal the award "within ten days after the award is filed." OCGA § 22-2-112....
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Styers v. Atlanta Gas Light Co., 439 S.E.2d 640 (Ga. 1994).

Cited 11 times | Published | Supreme Court of Georgia | Jan 10, 1994 | 263 Ga. 856, 94 Fulton County D. Rep. 178

...ed during the 1988 condemnation proceeding survived the appeal of the condemnation to superior court (S93X1724). In 1987, AGL sought condemnation of a 50-foot-wide gas pipeline easement across Styers' land. In its award, the special master (see OCGA § 22-2-100 et seq.) found that the actual market value of the easement was $17,630 and that certain stipulations agreed upon by the parties were binding, including one that required AGL to give Styers 48-hour advance notice before entering upon the easement in non-emergency situations....
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Benton v. Georgia Marble Co., 365 S.E.2d 413 (Ga. 1988).

Cited 11 times | Published | Supreme Court of Georgia | Mar 9, 1988 | 258 Ga. 58

...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....
...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....
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E. I. Dupont De Nemours & Co. v. Waters, 695 S.E.2d 265 (Ga. 2010).

Cited 7 times | Published | Supreme Court of Georgia | Jun 1, 2010 | 287 Ga. 235, 2010 Fulton County D. Rep. 1753

...Waters, supra, 298 Ga.App. at 844, 681 S.E.2d 651. DuPont appealed this ruling to the Court of Appeals, arguing that: (1) this matter is a non-equity case and (2) special masters may be appointed only in non-equity cases concerning condemnation (OCGA § 22-2-100 et seq.), quiet title actions (OCGA § 23-3-63), and lawyer disciplinary proceedings (Ga.Bar Rule 4-106)....
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Threatt v. Fulton Cnty., 467 S.E.2d 546 (Ga. 1996).

Cited 7 times | Published | Supreme Court of Georgia | Mar 11, 1996 | 266 Ga. 466, 96 Fulton County D. Rep. 963

...act in bad faith. See Craven v. Georgia Power Co., 248 Ga. 79, 281 S.E.2d 568 (1981); City of Atlanta v. Heirs of Champion, 244 Ga. 620, 261 S.E.2d 343 (1979). Judgment affirmed. All the Justices concur. NOTES [1] The actions were brought under OCGA § 22-2-100 et seq....
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Banks v. Georgia Power Co., 481 S.E.2d 200 (Ga. 1997).

Cited 6 times | Published | Supreme Court of Georgia | Feb 17, 1997 | 267 Ga. 602, 97 Fulton County D. Rep. 521

...*201 HUNSTEIN, Justice. Georgia Power Company sought to condemn a portion of land owned by Jane Wood Banks to acquire an easement to construct, operate, and maintain a high-voltage electric power line. A special master hearing was held pursuant to OCGA § 22-2-100 et seq....
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Darling Int'l, Inc. v. Carter, 294 Ga. 455 (Ga. 2014).

Cited 3 times | Published | Supreme Court of Georgia | Jan 27, 2014 | 754 S.E.2d 347, 2014 Fulton County D. Rep. 106

...The 1973 condemnation petition reflects condemnation of the subject property was sought to acquire fee simple title for the purpose of using it for a public lake, park, and recreation area. While the petition states only that it was filed pursuant to what is now OCGA § 22-2-100 et seq., the Special Master provisions for eminent domain proceedings, the parties stipulated to the fact that the Lake Alma project was part of a development plan formulated by the City of Alma for the purpose of utilizing funds award...
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Black v. Fayette Cnty., 265 Ga. 175 (Ga. 1995).

Cited 3 times | Published | Supreme Court of Georgia | Feb 13, 1995 | 453 S.E.2d 692

Hunstein, Justice. Fayette County chose to utilize the Special Master Act, OCGA § 22-2-100 et seq., as its method of condemning permanent and temporary easements over property owned by William Edgar Black and others....
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Allright Auto Parks, Inc. v. City of Atlanta, 257 Ga. 315 (Ga. 1987).

Cited 2 times | Published | Supreme Court of Georgia | Jul 15, 1987 | 357 S.E.2d 797

...rty, in order to determine whether they wished to exercise their option under § 36-61-9 (c). No specifications were made available by the appellee. In July 1985, the appellee filed a complaint for an in rem condemnation proceeding pursuant to OCGA § 22-2-100 et seq....

Dillard Land Investments, LLC v. Fulton Cnty. (Ga. 2014).

Published | Supreme Court of Georgia | Jul 11, 2014 | 357 S.E.2d 797

...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 describ...