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2018 Georgia Code 22-2-106 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 22-2-106 Case Law from Google Scholar Amendments to OCGA 22-2-106

TITLE 22 EMINENT DOMAIN

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

ARTICLE 2 PROCEEDING BEFORE SPECIAL MASTER

22-2-106. Compensation of special master; allowance by judge of reasonable time for special master to inspect premises.

  1. The compensation of the special master shall be provided for by a proper order of the judge of the superior court; shall be included in and made a part of the judgment of the court condemning the property or any interest therein sought to be taken, such judgment to be based on the award of the special master and shall be paid by the condemning body. Such compensation shall be left to the discretion of the court and shall not exceed a reasonable hourly rate consistent with local standards unless otherwise agreed upon by the parties with consent of the court. The compensation of the special master shall be assessed as court costs and shall be paid prior to the filing of any appeal from the judgment of the court; provided, however, that if such compensation has not been determined and assessed at the time of filing any such appeal, the same shall be paid within 30 days from the date of assessment.
  2. The judge may allow the special master a reasonable period of time for personal inspection of the premises and may compensate the special master for his or her time spent inspecting the premises and for any actual expenses incurred by the special master in connection with the inspection, provided that the special master shall file an affidavit with the court showing his or her time spent in inspection and itemizing his or her expenses.

(Ga. L. 1957, p. 387, § 9; Ga. L. 1975, p. 27, § 1; Ga. L. 1988, p. 408, § 2; Ga. L. 2006, p. 39, § 11/HB 1313.)

The 1988 amendment, effective July 1, 1988, added the last sentence of subsection (a).

The 2006 amendment, effective April 4, 2006, in subsection (a), in the first sentence, substituted "and" for a semicolon following "award of the special master", and deleted "; and shall not be less than $50.00 per day nor more than $250.00 per day for the time actually devoted to the hearing and consideration of the matter by the special master" at the end, and added the present second sentence; and in subsection (b), inserted "or her" following "his" in three places, and substituted "incurred by the special master" for "incurred by him" near the middle. 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).

JUDICIAL DECISIONS

Compensation cannot exceed maximum statutory amount unless the actual time spent on one particular case is more than one normal working day period. City of Gainesville v. Smith, 121 Ga. App. 117, 173 S.E.2d 225 (1970).

OPINIONS OF THE ATTORNEY GENERAL

District attorney should not serve as special master in a condemnation case. 1970 Op. Att'y Gen. No. U70-39 (decided under Ga. L. 1968, p. 992, as amended).

RESEARCH REFERENCES

C.J.S.

- 30 C.J.S., Eminent Domain, § 305.

ALR.

- Liability for costs in trial tribunal in eminent domain proceedings as affected by offer or tender by condemnor, 70 A.L.R.2d 804.

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