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O.C.G.A. § 22-2-41 — Selection of assessor by judge of the probate court where owners or their representatives fail to select an assessor, where owner unknown, etc.; selection of assessor by clerk of superior court where judge of the probate court disqualified; rights of owners in selecting assessor | Georgia Code
O.C.G.A. § 22-2-41 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 22 EMINENT DOMAIN

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

ARTICLE 1 PROCEEDING BEFORE ASSESSORS

22-2-41. Selection of assessor by judge of the probate court where owners or their representatives fail to select an assessor, where owner unknown, etc.; selection of assessor by clerk of superior court where judge of the probate court disqualified; rights of owners in selecting assessor.

  1. 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.
  2. All persons having any interest in the property sought to be condemned shall have equal rights in the selection of an assessor.

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

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 this section and §§ 22-2-20,22-2-25(a), and22-2-26, the landowner has until the day fixed for the hearing in the notice in which to appoint his assessor, which hearing shall not be less than 15 days from the time of serving the notice. A different ruling is 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.

- 30 C.J.S., Eminent Domain, §§ 292-294.

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This Georgia Code resource is curated by this site's author, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.