O.C.G.A.
O.C.G.A.

O.C.G.A. § 22-2-41 (2019)

Selection of assessor by judge of the probate court; selection of assessor; rights of owners in selecting assessor

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) If any party to the condemnation notifies the judge of the probate court of the county where the property or interest is located that the owner of the property has failed to select an assessor, or that the owners or their representatives have failed to agree on an assessor, or that the owner is unknown, or that the owner or any one of the owners is a minor or otherwise under disability and without legal representative, the judge of the probate court shall select an assessor for such owners or representatives. If the judge of the probate court is disqualified, the clerk of the superior court of the county shall make the selection after like notice.

(b) All persons having any interest in the property sought to be condemned shall have equal rights in the selection of an assessor.

History

Ga. L. 1894, p. 95, § 14; Civil Code 1895, § 4670; Civil Code 1910, § 5219; Code 1933, § 36-401.

Annotations

JUDICIAL DECISIONS Owner of land should have reasonable time after service of notice within which to select assessor. City of Elberton v. Adams, 130 Ga. 501, 61 S.E. 18 (1908). Assessor to be appointed by hearing date fixed in notice. - Construing together former Code 1933, §§ 36-304, 36-311, 36-312, 36-313, 36-401 (see O.C.G.A. §§ 22-2-20, 22-2-25, 22-2-26, and 22-2-41), the landowner had until the day fixed for the hearing in the notice in which to appoint an assessor, which hearing shall not be less than 15 days from the time of serving the notice. A different

ruling was not required by the decision in City of Elberton v. Adams, 130 Ga. 501, 61 S.E. 18 (1908). Sheppard v. City of Edison, 161 Ga. 907, 132 S.E. 218 (1926). It is not essential that assessors be residents of county where proceeding is instituted. Hutchinson v. Copeland, 146 Ga. 357, 91 S.E. 206 (1917). Cited in Patterson v. State Hwy. Dep’t, 201 Ga. 860, 41 S.E.2d 260 (1947); Gilmore v. Sandersville R.R., 149 F. Supp. 725 (M.D. Ga. 1955); Miller v. Georgia Power Co., 222 Ga. 239, 149 S.E.2d 479 (1966); James v. Housing Auth., 233 Ga. 447, 211 S.E.2d 738 (1975).

RESEARCH REFERENCES C.J.S. - 29A C.J.S., Eminent Domain, § 389 et seq.