Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 22-2-111 | Car Wreck Lawyer

TITLE 22 EMINENT DOMAIN

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

ARTICLE 2 PROCEEDING BEFORE SPECIAL MASTER

22-2-111. Award of special master or special master panel - Incorporation of award into judgment of court.

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 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.

(Ga. L. 1957, p. 387, § 13; Ga. L. 1998, p. 1539, § 6.)

The 1998 amendment, effective July 1, 1998, inserted "or the special master panel, if such a panel exists," near the beginning, and deleted "of the special master" following "award" at the end.

Law reviews.

- For survey article on zoning and land use law, see 59 Mercer L. Rev. 493 (2007). For survey article on local government law, see 67 Mercer L. Rev. 147 (2015).

JUDICIAL DECISIONS

This section does not violate state constitutional prerequisite that just and adequate compensation shall first be paid before private property is taken for public use, since the method of determining what is just and adequate compensation is a matter of legislative discretion, and the method prescribed herein fully and adequately protects that constitutional right. Anthony v. State Hwy. Dep't, 215 Ga. 853, 113 S.E.2d 768 (1960).

Time of taking is spelled out in this section. Johnson v. Fulton County, 103 Ga. App. 873, 121 S.E.2d 54 (1961).

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).

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).

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).

Exceptions to special master's rulings on nonvalue issues must be made prior to judgment authorized by this section. Sweat v. Georgia Power Co., 235 Ga. 281, 219 S.E.2d 384 (1975); Earth Mgt., Inc. v. Heard County, 248 Ga. 442, 283 S.E.2d 455 (1981); Wisenbaker v. Lowndes County, 175 Ga. App. 825, 335 S.E.2d 1 (1985).

Exceptions to amended award.

- Section22-2-112 does not set forth any exception to the ten-day period for appeal, and the right to file extended to exceptions taken to an amended award not substantively changing an original award. Stafford v. Bryan County Bd. of Educ., 267 Ga. 274, 476 S.E.2d 727 (1996).

Amendments not allowed after entry of judgment.

- Once a condemnation judgment has been entered vesting title in the condemnor, amendments increasing or decreasing the amount or quantum of property taken cannot be allowed. Zuber Lumber Co. v. City of Atlanta, 237 Ga. 358, 227 S.E.2d 362 (1976).

Upon payment of an award into the court and the entry of the judgment of condemnation, title to the property vested in the county under this section, and since an amendment to alter the quantum of the property taken is not permissible after title vests, the county could not correct its mistake that caused it to condemn the wrong property either by amendment or by dismissing its petition. Gatefield Corp. v. Gwinnett County, 234 Ga. App. 621, 507 S.E.2d 164 (1998).

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).

Cited in Wiggins v. City of Macon, 120 Ga. App. 197, 169 S.E.2d 667 (1969); Taylor v. Taylor County, 231 Ga. 209, 200 S.E.2d 887 (1973); City of Savannah Beach v. Thompson, 135 Ga. App. 63, 217 S.E.2d 304 (1975).

Cases Citing O.C.G.A. § 22-2-111

Total Results: 6  |  Sort by: Relevance  |  Newest First

Copy

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

...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....
Copy

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

...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...
...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....
Copy

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

...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...
Copy

Orr v. Georgia Transmission Corp., 642 S.E.2d 809 (Ga. 2007).

Cited 5 times | Published | Supreme Court of Georgia | Mar 26, 2007 | 281 Ga. 754, 2007 Fulton County D. Rep. 901

...isputed that in this case, the condemnation is not for a public road or street purpose, but for the construction, operation, and maintenance of electric transmission and distribution lines. In contrast to OCGA § 22-2-109, OCGA §§ 22-2-110 [3] and 22-2-111 [4] are not limited to condemnation actions involving public roads and streets, but are generally applicable in condemnation proceedings before a special master. OCGA § 22-2-111 mandates that the trial court enter a judgment condemning the property or other interest at issue when the condemnor pays into the registry of the court the amount provided in the award....
...o the property or other interest in the condemning body upon the deposit by that body of the amount of the award into the registry of the court, subject to the demand of such condemnee or condemnees, according to their respective interests. [4] OCGA § 22-2-111 provides: 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 and judgment of th...
Copy

Martin v. Henry Cnty. Water & Sewerage Auth., 610 S.E.2d 509 (Ga. 2005).

Cited 2 times | Published | Supreme Court of Georgia | Mar 7, 2005 | 279 Ga. 197, 2005 Fulton County D. Rep. 663

...Gibson, 251 Ga. 66, 68, 303 S.E.2d 19 (1983); Sweat v. Georgia Power Co., 235 Ga. 281, 283, 219 S.E.2d 384 (1975); Anthony v. State Hwy. Dept., 215 Ga. 853, 855-856, 113 S.E.2d 768 (1960). [4] Anthony, 215 Ga. at 855-856, 113 S.E.2d 768. [5] See OCGA § 22-2-111; Styers v....

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

Published | Supreme Court of Georgia | Jul 11, 2014 | 279 Ga. 197, 2005 Fulton County D. Rep. 663

...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...
...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....