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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 Georgia Code 22-2-111 From Courtlistener.com

Total Results: 6

Dillard Land Investments, LLC v. Fulton County

Court: Supreme Court of Georgia | Date Filed: 2014-07-11

Snippet: award, see OCGA §§ 22-2-107 (g), 22-2-110 (b), 22-2-111, precluding the condemnor from voluntarily dismissing

Dillard Land Investments, LLC v. Fulton County

Court: Supreme Court of Georgia | Date Filed: 2014-07-11

Citation: 295 Ga. 515, 761 S.E.2d 282, 2014 WL 3396511, 2014 Ga. LEXIS 583

Snippet: compensation due to the condemnee, since OCGA § 22-2-111 requires the superior court to enter a judgment

Windsor v. City of Atlanta

Court: Supreme Court of Georgia | Date Filed: 2010-05-17

Citation: 695 S.E.2d 576, 287 Ga. 334, 2010 Fulton County D. Rep. 1605, 2010 Ga. LEXIS 403

Snippet: compensation, see OCGA §§ 22-2-102, 22-2-107, 22-2-111, and the special master's decision can be appealed

Orr v. Georgia Transmission Corp.

Court: Supreme Court of Georgia | Date Filed: 2007-03-26

Citation: 642 S.E.2d 809, 281 Ga. 754, 2007 Fulton County D. Rep. 901, 2007 Ga. LEXIS 246

Snippet: contrast to OCGA § 22-2-109, OCGA §§ 22-2-110[3] and 22-2-111[4] are not limited to condemnation actions involving

Martin v. Henry County Water & Sewerage Authority

Court: Supreme Court of Georgia | Date Filed: 2005-03-07

Citation: 610 S.E.2d 509, 279 Ga. 197, 2005 Fulton County D. Rep. 663, 2005 Ga. LEXIS 158

Snippet: Ga. at 855-856, 113 S.E.2d 768. [5] See OCGA § 22-2-111; Styers v. Atlanta Gas Light Co., 263 Ga. 856

Benton v. Georgia Marble Co.

Court: Supreme Court of Georgia | Date Filed: 1988-03-09

Citation: 365 S.E.2d 413, 258 Ga. 58, 1988 Ga. LEXIS 158

Snippet: (121 SE2d 54) (1961); See n. 10, supra. OCGA § 22-2-111 goes on to provide, "Upon the entry of the award