In case assessors are appointed, the same right of appeal shall lie from their award to a jury in the superior court, as is provided in Part 5 of Article 1 of this chapter and upon like terms and conditions in all respects as are therein provided.

JUDICIAL DECISIONS

Appeal from condemnation award under this section is de novo investigation. State Hwy. Dep't v. Hester, 112 Ga. App. 51, 143 S.E.2d 658 (1965).

Appeal from award of assessors to jury in superior court is not a suit within the provisions of § 44-12-21. State Hwy. Dep't v. Noble, 220 Ga. 410, 139 S.E.2d 318 (1964).

And such appeal does not require any process as is required in all suits at law. State Hwy. Dep't v. Noble, 220 Ga. 410, 139 S.E.2d 318 (1964).

Requirement of payment of costs is for benefit of officers of court and not a condition precedent to the filing of an appeal. Hilderbrand v. Housing Auth., 109 Ga. App. 297, 136 S.E.2d 24 (1964).

Clerk is not bound to receive appeal until costs have been paid to him, but if the clerk does receive an appeal without exacting the costs, the appeal is good, and the clerk becomes estopped from saying that the costs have not been paid to him - estopped as to all persons, at least, except the appellant. Hilderbrand v. Housing Auth., 109 Ga. App. 297, 136 S.E.2d 24 (1964).

Failure of condemnor to pay costs and fees within ten days after judgment does not vitiate its appeal therefrom regardless of whether or not it is a political subdivision of the state. Hilderbrand v. Housing Auth., 109 Ga. App. 297, 136 S.E.2d 24 (1964).

Waiver of right to have costs paid in advance.

- Where a magistrate refuses to dismiss an appeal because costs have not been paid by the appellant, this amounts to a waiver of his right to have the costs paid in advance, and the appellee has no right to complain of the refusal to dismiss the appeal. Hilderbrand v. Housing Auth., 109 Ga. App. 297, 136 S.E.2d 24 (1964).

Party's failure to sign appeal brought under this section is amendable defect and it is error for the court to strike the amendment tendered at the trial on appeal prior to the introduction of evidence and to dismiss the appeal. State Hwy. Dep't v. Hester, 112 Ga. App. 51, 143 S.E.2d 658 (1965).

Tender of award to condemnee not condition precedent to condemnor's appeal.

- Tender of the amount of the award of the assessors to the apparent or ostensible owner of the land involved is not a condition precedent to the condemnor's right to enter an appeal to a jury, when the amount of the award has been paid into the registry of the court within the time provided by law for the filing of an appeal. State Hwy. Dep't v. Taylor, 216 Ga. 90, 115 S.E.2d 188 (1960).

Receipt of money does not preclude condemnee from attacking appeal.

- Where the amount of the assessors' award is paid into the registry of the court, and thereafter paid to the condemnee, the condemnee is not precluded, by receiving the money, from attacking the validity of the appeal or moving for its dismissal. State Hwy. Dep't v. Taylor, 216 Ga. 90, 115 S.E.2d 188 (1960).

Cited in United States v. A Certain Tract or Parcel of Land, 47 F. Supp. 30 (S.D. Ga. 1942); Wilson v. State Hwy. Dep't, 85 Ga. App. 907, 70 S.E.2d 535 (1952); Murray v. State Hwy. Dep't, 103 Ga. App. 517, 120 S.E.2d 48 (1961); Alexander v. Rozetta, 110 Ga. App. 660, 139 S.E.2d 451 (1964); Adams v. Housing Auth., 117 Ga. App. 646, 161 S.E.2d 444 (1968); Hinton v. Georgia Power Co., 126 Ga. App. 416, 190 S.E.2d 811 (1972); Georgia Dep't of Transp. v. Woodward, 254 Ga. 587, 331 S.E.2d 557 (1985).

RESEARCH REFERENCES

Am. Jur. 2d.

- 4 Am. Jur. 2d, Appeal and Error, §§ 146, 188. 27 Am. Jur. 2d, Eminent Domain, §§ 468-472.

9A Am. Jur. Pleading and Practice Forms, Eminent Domain, § 240.

C.J.S.

- 30 C.J.S., Eminent Domain, §§ 343-372.

ALR.

- 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.

Liability, upon abandonment of eminent domain proceedings, for loss or expenses incurred by property owner, or for interest on award or judgment, 92 A.L.R.2d 346.

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2018 Georgia Code 22-2-136 | Car Wreck Lawyer

TITLE 22 EMINENT DOMAIN

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

ARTICLE 3 PROCEEDING BEFORE COURT

22-2-136. Appeal from assessors' award.