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2018 Georgia Code 22-2-64 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 22-2-64 Case Law from Google Scholar Amendments to OCGA 22-2-64

TITLE 22 EMINENT DOMAIN

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

ARTICLE 1 PROCEEDING BEFORE ASSESSORS

22-2-64. Entry of findings by assessors.

The assessors shall enter their findings on the notice substantially as follows:

Upon the application of A.B. to condemn the following property or interest of C.D.: ________, notice was duly served by the sheriff (or his deputy) on C.D. (owner, trustee, representative, or judge of the probate court, as the case may be) by (mailing, posting, etc., as the case may be). The applicant appointed E.F. as assessor. The (owner, judge of the probate court, representative, as the case may be) appointed G.H. as assessor, and they two (or judge of the superior court) appointed I.J. as assessor; E.F., G.H., and I.J., after being duly sworn and hearing the evidence, find and award that for taking the property or interest sought to be condemned, to wit: ________, the said A.B. shall pay to C.D., as owner, the sum of $________. The consequential damages to the property or interest of C.D. not taken amount to $________, and the consequential benefits to $________; and the said A.B. shall pay said C.D. the difference between such damage and such benefit.

(Ga. L. 1894, p. 95, § 20; Civil Code 1895, § 4676; Civil Code 1910, § 5226; Code 1933, § 36-507.)

JUDICIAL DECISIONS

Award by assessors binding until reversed or set aside.

- An award by condemnation assessors and the order and judgment of the court directing the filing thereof are judgments rendered by a competent tribunal, and, even if erroneous, are binding upon a condemnee until reversed or set aside, and cannot be collaterally attacked in the condemnee's equitable petition for injunction against the condemnor's contractor. McGreggor v. W.L. Florence Constr. Co., 208 Ga. 176, 65 S.E.2d 809 (1951).

Jury use of form similar to finding of assessors.

- Where the procedure is proper in submitting to the jury a form similar to the finding of assessors under this section and § 22-2-63, and there is no exception to such procedure, the jury, like the appraisers, has the right under § 22-2-63, if the evidence so authorized, to offset any consequential damages to the "property not taken" with the "consequential benefits," and to find the difference, if any, in favor of the property owner, but to award nothing for such damages if the "consequential benefits" equaled or exceeded the "consequential damages." Nalley Land & Inv. Co. v. State Hwy. Bd., 49 Ga. App. 258, 175 S.E. 269 (1934).

RESEARCH REFERENCES

Am. Jur. 2d.

- 27 Am. Jur. 2d, Eminent Domain, § 443.

C.J.S.

- 30 C.J.S., Eminent Domain, §§ 299-304.

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