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Call Now: 904-383-7448When the condemnor has paid into the registry of the court the amount provided for in the award of the special master or the special master panel, if such a panel exists, for the use and benefit of and subject to the demands of the condemnees, the effect of such payment into the registry of the court shall be the same as if paid to the condemnees directly, provided that the clerk shall pay out the money to the condemnees or their personal representatives upon proper proof submitted to him or her as to the quantity of their interests. Where there are conflicting claims, the clerk may require the conflicting parties to establish their claims before the court as is provided by law in other similar matters.
(Ga. L. 1957, p. 387, § 16; Ga. L. 1998, p. 1539, § 9.)
The 1998 amendment, effective July 1, 1998, inserted "or the special master panel, if such a panel exists" near the beginning of the first sentence, and inserted "or her" near the end of the first sentence.
This section requires payment into registry of court so that proper distribution can be made to all claimants of the fund. City of Gainesville v. Loggins, 224 Ga. 114, 160 S.E.2d 374 (1968).
Court, not jury on appeal, will decide quantity of interest of each condemnee. Johnson v. Fulton County, 103 Ga. App. 873, 121 S.E.2d 54 (1961).
What § 22-2-112 and this section make very clear is that the court, and not the jury on appeal, will decide the quantity of interest of each condemnee and will also decide the quality of such interest. Walker v. Georgia Power Co., 177 Ga. App. 493, 339 S.E.2d 728 (1986).
Burden is on one claiming entitlement to part of proceeds to make his claim before the clerk. Roberts v. Wise, 140 Ga. App. 1, 230 S.E.2d 320 (1976).
When one party holds condemnation proceeds in trust until conflicting claims can be resolved, this section may be applied in resolving those claims even though none of the condemnation fund is held in the registry of any court. Fourth Nat'l Bank v. Grant, 140 Ga. App. 78, 230 S.E.2d 60 (1976).
It is not error to fail to submit to jury question of apportionment of condemnation proceeds under this section. Fourth Nat'l Bank v. Grant, 140 Ga. App. 78, 230 S.E.2d 60 (1976).
Consent order to pay funds directly to bank as lienholder is nothing more than an agreement among those asserting rights in the property as to the priority of the bank. Citizens & S. Nat'l Bank v. Fulton County, 123 Ga. App. 323, 180 S.E.2d 905 (1971).
- One who fails to file a proper claim or make a timely protest to the judgment may not, after many terms of court have intervened, open up the case on the sole ground that he is entitled to a portion of the proceeds. Roberts v. Wise, 140 Ga. App. 1, 230 S.E.2d 320 (1976).
Cited in Golfland, Inc. v. Thomas, 107 Ga. App. 563, 130 S.E.2d 757 (1963); Zuber Lumber Co. v. City of Atlanta, 237 Ga. 358, 227 S.E.2d 362 (1976); Glynn County v. Victor, 143 Ga. App. 198, 237 S.E.2d 701 (1977); Metropolitan Atlanta Rapid Transit Auth. v. Gould Investors Trust, 169 Ga. App. 303, 312 S.E.2d 629 (1983); Hart v. City of Hamilton, 173 Ga. App. 135, 325 S.E.2d 791 (1984); Benton v. Patel, 257 Ga. 669, 362 S.E.2d 217 (1987); Bankston v. City of Barnesville, 221 Ga. App. 446, 471 S.E.2d 543 (1996); White v. Ringgold Tel. Co., 334 Ga. App. 325, 779 S.E.2d 378 (2015).
- 27 Am. Jur. 2d, Eminent Domain, § 452.
- 29A C.J.S., Eminent Domain, § 205. 30 C.J.S., Eminent Domain, § 330.
Total Results: 3
Court: Supreme Court of Georgia | Date Filed: 2014-07-11
Snippet: 387 (codified as amended at OCGA §§ 22-2-100 to 22-2-114).1 On February 24, 2012, the County filed a petition
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: 387 (codified as amended at OCGA §§ 22-2-100 to 22-2-114). 1 On February 24, 2012, the County
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: special master method, see OCGA §§ 22-2-100 to 22-2-114, and the declaration of taking method, see OCGA