TITLE 22 EMINENT DOMAIN

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

ARTICLE 3 PROCEEDING BEFORE COURT

22-2-135. Appointment of assessors; discretion of judge to have issues tried in first instance by jury.

On the day named in the order made pursuant to Code Section 22-2-132, or at any other time to which the hearing may be continued, the court, having first passed on and adjudged all questions touching service and notice, shall, after hearing from all persons responding and desiring to be heard, make such order as to the appointment of assessors as shall conform most nearly to Article 1 of this chapter and give all interested persons equal rights in the selection thereof. If, by reason of conflicting interests or otherwise, such equality of right cannot be preserved, the judge shall himself make such order on the subject as shall secure a fair and impartial assessment or may in his discretion order the issues tried in the first instance by a jury. In any event, it shall be within the power of the court to hear the cause as speedily as may be consistent with justice and due process of law.

(Ga. L. 1914, p. 92, § 4; Code 1933, § 36-1109.)

JUDICIAL DECISIONS

Purpose of this special condemnation statute is to afford a speedy and fair means whereby the public authorities may acquire a clear title to the lands sought for public purposes, and the landowner and all parties concerned may receive their just compensation therefor. Denham v. State Hwy. Bd., 52 Ga. App. 790, 184 S.E. 631 (1936).

It is within judge's discretion to determine disposition of preliminaries in the proceeding. Denham v. State Hwy. Bd., 52 Ga. App. 790, 184 S.E. 631 (1936).

Cited in United States v. A Certain Tract or Parcel of Land, 47 F. Supp. 30 (S.D. Ga. 1942); Patterson v. State Hwy. Dep't, 201 Ga. 860, 41 S.E.2d 260 (1947); State Hwy. Dep't v. Hendrix, 215 Ga. 821, 113 S.E.2d 761 (1960); State Hwy. Dep't v. Taylor, 102 Ga. App. 15, 115 S.E.2d 703 (1960); Housing Auth. v. Mercer, 123 Ga. App. 38, 179 S.E.2d 275 (1970); Fourth Nat'l Bank v. Grant, 140 Ga. App. 78, 230 S.E.2d 60 (1976).

OPINIONS OF THE ATTORNEY GENERAL

Award must be tendered or paid before condemnor can enter upon land.

- The full sum awarded in any condemnation proceeding must be tendered to the condemnee, or paid into court in the event the condemnee refuses to accept payment, before the condemnor may enter upon, occupy, or subject the land to its use. 1967 Op. Att'y Gen. No. 67-108.

Or before condemnor can appeal award.

- It is not necessary for the agency bringing condemnation proceedings to place any appraised amount in trust prior to a court ruling; however, if assessors are appointed as provided in this section, the condemning authority cannot appeal the assessors' award without tender of the amount of the award to the condemnee or payment into the registry of the court. 1967 Op. Att'y Gen. No. 67-108.

Soil and water conservation district need not have funds on hand merely to institute condemnation proceeding. 1967 Op. Att'y Gen. No. 67-108.

RESEARCH REFERENCES

Am. Jur. 2d.

- 27 Am. Jur. 2d, Eminent Domain, §§ 406-411.

9A Am. Jur. Pleading and Practice Forms, Eminent Domain, § 3.

C.J.S.

- 30 C.J.S., Eminent Domain, §§ 276-304.

ALR.

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

Right to intervene in court review of zoning proceeding, 46 A.L.R.2d 1059.

Right of adjoining landowners to intervene in condemnation proceedings on ground that they might suffer consequential damage, 61 A.L.R.2d 1292.

How to obtain jury trial in eminent domain: waiver, 12 A.L.R.3d 7.

Eminent domain: determination of just compensation for condemnation of billboards or other advertising signs, 73 A.L.R.3d 1122.

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