O.C.G.A. § 22-2-83 (2019)

Annotations

JUDICIAL DECISIONS Condemnee entitled to file award and have execution issued. - A condemnee was under the provisions of this section entitled, when the condemnor’s appeal was dismissed, to file the award of the appraisers in the clerk of the superior court’s office and have an execution issued on it. Towler v. State Hwy. Dep’t, 100 Ga. App. 374, 111 S.E.2d 154 (1959). This section does not treat award and final judgment as same thing. Georgia Power Co. v. Selman, 87 Ga. App. 323, 73 S.E.2d 597 (1952). Execution of award may not be arrested by affidavit of illegality. - Since the award of appraisers in a condemnation proceeding is not a judgment of a court, an execution issued thereon may not be arrested by an affidavit of illegality. Georgia Power Co. v. Selman, 87 Ga. App. 323, 73 S.E.2d 597 (1952). Effect of subsequent independent suit by condemnee on appraisers’ award. - The filing of a suit by a condemnee independently of condemna-

tion proceedings and subsequently to the award of the appraisers, in which latter case the condemnee sought to obtain a general judgment for damages, did not affect the right of the condemnee to proceed to have an execution issued on the award in the manner prescribed by this section. The award could, according to former Code 1933, §§ 3-607, 3-608 (see O.C.G.A. § 9-2-44(a)), have been pled to the subsequent damage suit, since the obtaining of the valid award of the appraisers, which award was in the nature of a judgment, prevented a further suit on the same cause of action, except such proceeding as was necessary to enforce the award. The award and the proceedings to enforce it were exhaustive of the condemnee’s rights in the premises, and no legal judgment could have been rendered in the proceedings. Towler v. State Hwy. Dep’t, 100 Ga. App. 374, 111 S.E.2d 154 (1959). Cited in Georgia Dep’t of Transp. v. Woodard, 254 Ga. 587, 331 S.E.2d 557 (1985).

RESEARCH REFERENCES C.J.S. - 29A C.J.S., Eminent Domain, § 512 et seq.