No requirement that oath be taken before notice sent to condemnee.

- There is no statutory provision requiring that the oath required by this section be taken before sending out the notice to the condemnee of the time and place when a hearing will be held. Landers v. Georgia Pub. Serv. Comm'n, 217 Ga. 804, 125 S.E.2d 495 (1962).

Cited in Jones v. Faulkner, 101 Ga. App. 547, 114 S.E.2d 542 (1960); State Hwy. Dep't v. King, 107 Ga. App. 220, 129 S.E.2d 577 (1963).

C.J.S.

- 30 C.J.S., Eminent Domain, § 295.

Eminent domain statutes must be strictly construed.

- The taking or injuring of private property for the public benefit is the exercise of a high power, and all the conditions and limitations provided by this section, under which it may be done, should be closely followed. Too much caution in this respect cannot be observed to prevent abuse and oppression. City of Cartersville v. Long, 105 Ga. App. 762, 125 S.E.2d 539 (1962).

Burden of proving value of land and consequential damages on condemnor.

- The burden of proof to show the value of the land taken and the consequential damages to the remaining property, if any, is on the condemnor. State Hwy. Dep't v. Smith, 111 Ga. App. 292, 141 S.E.2d 590 (1965).

Owner seeking injunction not estopped from naming assessor.

- A property owner who files a petition to enjoin condemnation proceedings, alleging that the condemnor is proceeding illegally and had no right to condemn, is not estopped from maintaining his equitable petition by his participation thereafter in the condemnation proceedings by the naming of an assessor, where he has refused the award of the assessors. Johnston v. Clayton County Water Auth., 222 Ga. 39, 148 S.E.2d 417 (1966).

Compensation the sole issue for jury on appeal.

- In condemnation cases, the sole question for the consideration of the jury, upon an appeal from an award of the assessors or from an award of a special master, is the amount of compensation to be paid to the condemnee for the property taken under the condemnation proceeding and the amount of damages to the remaining property of the condemnee, if any. State Hwy. Dep't v. Smith, 111 Ga. App. 292, 141 S.E.2d 590 (1965).

Cited in United States v. A Certain Tract or Parcel of Land, 47 F. Supp. 30 (S.D. Ga. 1942); State Hwy. Dep't v. Hendrix, 215 Ga. 821, 113 S.E.2d 761 (1960); Mitchell v. State Hwy. Dep't, 216 Ga. 517, 118 S.E.2d 88 (1961).

Appraisal to be updated to date of hearing before special master.

- When condemnation is necessary, the appraiser should be instructed to update his appraisal to the date of the hearing before the special master; this appraisal should contemplate that the amount of the award will be paid into court by condemnor within ten days of such hearing by the special master, and this is the amount that the appraiser should be prepared to testify to if and when there is an appeal of the matter to a jury in the Superior Court by either party thereto. 1970 Op. Att'y Gen. No. 70-116.

Am. Jur. 2d.

- 27 Am. Jur. 2d, Eminent Domain, §§ 375-380, 409-411.

C.J.S.

- 30 C.J.S., Eminent Domain, §§ 276-280, 292-305.

ALR.

- Loss of right to contest assessment in proceeding for street or sewer improvement by waiver, estoppel, or the like, 9 A.L.R. 634.

Loss of right to contest assessment in drainage proceeding by waiver, estoppel, or the like, 9 A.L.R. 842.

Right of tenant to remove buildings or other fixtures as affecting tenant's right to compensation in respect to such improvements in condemnation proceeding, 75 A.L.R. 1495.

Right to abandon and effect of abandonment of eminent domain proceedings, 121 A.L.R. 12.

Increment to value, from project for which land is condemned, as a factor in fixing compensation, 147 A.L.R. 66.

Abutting owner's right to damages or other relief for loss of access because of limited-access highway or street, 43 A.L.R.2d 1072; 42 A.L.R.3d 13; 42 A.L.R.3d 148.

Admissibility, in eminent domain proceeding, of evidence as to price paid for condemned real property during pendency of the proceeding, 55 A.L.R.2d 781.

Admissibility, in eminent domain proceeding, of evidence as to price paid for condemned real property on sale prior to the proceeding, 55 A.L.R.2d 791.

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

Right to open and close argument in trial of condemnation proceedings, 73 A.L.R.2d 613.

Mandamus to compel ascertainment of compensation for property taken or for injuries inflicted under the power of eminent domain, 91 A.L.R.2d 991.

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 349.

Good will as element of damages for condemnation of property on which private business is conducted, 81 A.L.R.3d 198.