Legislature has provided adequate method for determining compensation.

- The Legislature, by enacting §§ 22-2-102,22-2-108 and22-2-112, has provided an adequate method for determining the just and adequate compensation of property sought to be condemned under this article and this section of the act in no wise limits the master to an arbitrary finding. Kellett v. Fulton County, 215 Ga. 551, 111 S.E.2d 364 (1959).

This section provides notice as a matter of law to all of the parties and their counsel that the award will be filed within the required time and that an attempt to appeal the matter to a jury in the superior court coming more than 10 days after its filing, as provided by § 22-2-112, comes too late. Wilson v. City of Waycross, 130 Ga. App. 253, 203 S.E.2d 301 (1973).

Time of filing award.

- Condemnation proceeding was not voided and nullified by the fact that special master's award was not filed with clerk of court within three days after date of hearing, since the requirement of speedy disposition to protect the property owner is directory rather than jurisdictional. Savage v. Thomaston-Upson County Office Bldg. Auth., 205 Ga. App. 634, 422 S.E.2d 896, cert. denied, 205 Ga. App. 901, 422 S.E.2d 896 (1992).

There is no provision in this Code section which tolls the filing period for an appeal in the event that the special master fails to file the awards within three days of the hearing. Garner v. Georgia Transmission Corp., 235 Ga. App. 889, 510 S.E.2d 624 (1999).

Date of taking.

- It was error to hold that the date of taking property to acquire an easement for electrical transmission and distribution lines was the date of filing of the original condemnation petition; because the property was not being condemned for public street and road purposes, the date of taking was not governed by O.C.G.A. § 22-2-109, but by O.C.G.A. §§ 22-2-110 and22-2-111, and thus the date of taking was when the amount provided in the award was paid into the trial court's registry. Orr v. Ga. Transmission Corp., 281 Ga. 754, 642 S.E.2d 809 (2007).

No property taken until payment of award.

- No property is taken under the special master procedure until the payment of the award into the registry of the court is made. Arnold v. State Hwy. Dep't, 116 Ga. App. 201, 156 S.E.2d 469 (1967).

In a special master proceeding under § 22-2-107 and this section, the taking is complete upon the award of the special master and payment into court of the amount determined. Roberts v. Wise, 140 Ga. App. 1, 230 S.E.2d 320 (1976).

Payment of award not condition precedent to condemnor's appeal.

- A condemnor is not required to pay the award of the special master into the registry of the court within ten days after the filing of the award, or at the time of, or prior to the filing of the appeal as a condition precedent to its right of appeal. Arnold v. State Hwy. Dep't, 116 Ga. App. 201, 156 S.E.2d 469 (1967).

Title vests upon entry of condemnation judgment.

- Because title to an owner's property vested in a city upon the entry of a condemnation judgment and the payment of the award to the owner in accordance with O.C.G.A. §§ 22-2-110(b) and22-2-111, the city was without authority to unilaterally dismiss the condemnation action and demand return of the previously paid award. Gramm v. City of Stockbridge, 297 Ga. App. 165, 676 S.E.2d 818 (2009).

Non-value issues are not subject to de novo review under subsection (d) upon filing an appeal to a jury. Styers v. Atlanta Gas Light Co., 263 Ga. 856, 439 S.E.2d 640 (1994).

On appeal from a special master's award, the court was not required to conduct an evidentiary hearing on non-value issues because that would allow new evidence which was not before the special master or a repetition of evidence which should have been preserved by transcript. Simmons v. Webster County, 225 Ga. App. 830, 485 S.E.2d 501 (1997), cert. denied, 522 U.S. 1110, 118 S. Ct. 1041, 140 L. Ed. 2d 106 (1998).

Testimony of special master.

- While there is nothing in the statute barring a special master from testifying, obviously the admission of his testimony must be governed by the applicable rules of evidence. Garner v. Gwinnett County, 105 Ga. App. 714, 125 S.E.2d 563 (1962).

Interest under the special master proceeding is calculated from the date of the award, i.e., the time of the "taking." Metropolitan Atlanta Rapid Transit Auth. v. Central Parking Sys., 167 Ga. App. 649, 307 S.E.2d 93 (1983).

Denial of motion to dismiss held not appealable.

- A denial of a motion to dismiss condemnation proceedings on the ground that their initiation was beyond the power of the condemning authority may not be appealed where the case is still pending and no certificate of immediate review was obtained from the trial judge. Norton Realty & Loan Co. v. Board of Educ., 123 Ga. App. 620, 182 S.E.2d 185 (1971).

Cited in Georgia Power Co. v. Bray, 232 Ga. 558, 207 S.E.2d 442 (1974); City of Savannah Beach v. Thompson, 135 Ga. App. 63, 217 S.E.2d 304 (1975); Sweat v. Georgia Power Co., 235 Ga. 281, 219 S.E.2d 384 (1975); Metropolitan Atlanta Rapid Transit Auth. v. Central Parking Sys., 167 Ga. App. 649, 307 S.E.2d 93 (1983); Wrege v. Cobb County, 186 Ga. App. 512, 367 S.E.2d 817 (1988); Langley Land Co. v. Monroe County, 738 F. Supp. 1571 (M.D. Ga. 1990); Banks v. Georgia Power Co., 220 Ga. App. 84, 469 S.E.2d 218 (1996); Threatt v. Forsyth County, 250 Ga. App. 838, 552 S.E.2d 123 (2001).

Appeal costs.

- Appellants contesting the award of a special master need not pay the advance court cost deposit set forth in §§ 9-15-4 and15-6-77 if they have properly paid the required costs for filing the initial condemnation petition. 1985 Op. Att'y Gen. No. U85-17.

Am. Jur. 2d.

- 26 Am. Jur. 2d, Eminent Domain, §§ 130-132. 27 Am. Jur. 2d, Eminent Domain, § 470.

C.J.S.

- 29A C.J.S., Eminent Domain, §§ 191, 192, 195-205. 30 C.J.S., Eminent Domain, §§ 299-304, 327-329, 360-372, 449-452.

ALR.

- Right of court to reduce or increase award in condemnation and confirm it as reduced or increased, 61 A.L.R. 194.

Referee's failure to file report within time specified by statute, court order, or stipulation as terminating reference, 71 A.L.R.4th 889.