O.C.G.A. § 22-2-142 (2019)
Intent of article regarding effect on other methods of condemnation
This article is intended to be supplementary to and cumulative of Articles 1 and 2 of this chapter in cases in which the State of Georgia, the United States, or any person having the privilege of exercising the right of eminent domain is concerned. This article is also intended to make simpler and more effective the method of condemnation in those cases where conflicting interests or doubtful questions render a judicial supervision of the procedure desirable. In all particulars not otherwise specially provided for in this article, the court shall conform its procedure as nearly as possible to Articles 1 and 2 of this chapter, and the same shall remain in force.
History
Ga. L. 1914, p. 92, § 9; Code 1933, § 36-1115; Ga. L. 1937-38, Ex. Sess., p. 251, § 1.
Annotations
JUDICIAL DECISIONS Cited in State Hwy. Dep’t v. H.G. Hastings Co., 187 Ga. 204, 199 S.E. 793 (1938); 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); State Hwy. Dep’t v. Hendrix, 215 Ga. 821, 113 S.E.2d 761 (1960); DeKalb County v. Jackson-Atlantic Co., 123 Ga. App. 695, 182 S.E.2d 160 (1971).
CONDEMNATION PROCEDURE GENERALLY RESEARCH REFERENCES
ALR. - Condemnation by de facto corporation, 44 A.L.R. 542.
CHAPTER 3 EXERCISE OF POWER OF EMINENT DOMAIN FOR SPECIAL PURPOSES Sec.
Article 1 Construction, Maintenance, and Operation of Telegraph and Telephone Lines Along Railroad Rights of Way Sec.
Direction and contents of notice of condemnation. Manner of service of notice. Necessity for only one proceeding; location of proceedings; form of assessors’ findings. Location of hearing before assessors; evidence upon which findings may be based.
Article 3 Construction and Operation of Waterworks and Sanitary Sewage Systems
Article 2
Construction and Operation of Electric Power Plants PART 1 GENERAL PROVISIONS
Power of persons operating or constructing electric plants to purchase, lease, or condemn rights of way and easements. Payment of compensation or damages. Condemnation of mills, factories, and dams.
Article 4
‘‘Public road’’ and ‘‘public highway’’ defined. Power to acquire right to flood roads and highways. Notice of intention to condemn. Condemnation procedure; authorization of officers to act for state or county. Appeal to superior court.
Authority to lease, purchase, or condemn property or receive donations for waterworks and sewage systems. Condemnation procedure. Applicability of article. Authority to condemn property for purpose of constructing a waterworks, water distribution system, sewage collection system, or sewage treatment and disposal system.
Construction and Operation of Petroleum Pipelines
PART 2 ACQUISITION OF RIGHT TO FLOOD ROADS AND HIGHWAYS
Rights of condemnor pending appeal. Restrictions on use of condemned road or highway by condemnor. Effect of part on rights of action of property owners and public utilities.
Definitions. Right to acquire property or property interests by eminent domain. General certificate and permitting requirements. Certificate of public convenience and necessity; requirements. Notice to landowner. Use of condemnation procedures. Article 4A
Natural or Artificial Gas
Eminent domain use by natu-
Sec. ral gas transporters or distributors.
Sec.
Article 5 Construction and Operation of Watershed Projects, Flood-Control Projects and Related Recreational Projects by Counties
Acquisition of right to enter lands and clear or cut timber for purposes of carrying out survey of coasts - Manner of assessment where parties cannot agree on compensation. Article 7
Authority of counties to exercise power of eminent domain. Condemnation procedure. Requirement of condemnation of fee simple title to land to be flooded permanently.
Ownership or Operation of Utility Systems
Authorization to utilize the declaration of taking method of eminent domain. Article 8
Article 6
Electric Transmission Lines
Construction of lighthouses and other navigational aids by United States government. Condemnation for construction of lighthouses, beacons, and other navigational aides. Acquisition of right to enter lands and clear or cut timber for purposes of carrying out survey of coasts - Generally.