...Being dissatisfied with the award, the Martins appealed to superior court. [1] In superior court, a jury awarded the Martins $6,900 for the property, and the trial court awarded the appellee, the Henry County Water and Sewerage Authority (Henry County) $3,500 in attorney fees pursuant to OCGA § 22-2-84.1. On appeal to this Court, the Martins contend, among other things, that the trial court erred by ruling against their claim that OCGA § 22-2-84.1 is unconstitutional. For the reasons that follow, we affirm. 1. OCGA § 22-2-84.1(a) provides that if a condemnee appeals a special master's award to superior court and if the appeal does not result in an increase to the master's award of at least 20%, the condemnee "shall be liable for reasonable expenses incurred by the condemnor in determining just and adequate compensation in the superior court." Similarly, OCGA § 22-2-84.1(a) provides that if a condemnor appeals a special master's award to superior court and if the appeal does not result in a decrease to the master's award of at least 20%, the condemnor "shall be liable for reasonable expenses incurred by the condemnee in determining just and adequate compensation in the superior court." OCGA § 22-2-84.1(b) provides that "reasonable expenses include, without being limited to, attorney fees." The Martins contend that OCGA § 22-2-84.1 is unconstitutional because, if they are required to pay the appellee's attorney fees, it will diminish the amount of compensation they receive, and thus violate their constitutional right to receive just and adequate compensation....

...gislature is free to impose conditions on the exercise of the right to appeal. [6] These considerations support the conclusion that, by conditioning an appeal to superior court on the payment of costs in the manner specified by the legislature, OCGA § 22-2-84.1 does not violate a property owner's right to receive just and adequate compensation before a taking of his property occurs....

...nsation by an initial tribunal such as a special master and prevails on appeal, a statute that permits the condemnor to recover the expenses of the appeal does not violate a property owner's right to just and adequate compensation. [9] Although OCGA § 22-2-84.1 does not go as far as these cases, and although we do not indicate our approval of the holdings in these cases, they support the proposition that, when a property owner initiates an appeal following an award by an initial tribunal, he ma...

...n. Because the appeal permitted by the Special Master Act is a matter of legislative grace, and because a property owner does not have a constitutional right to a trial by jury on the question of just and adequate compensation, we conclude that OCGA § 22-2-84.1(a) does not violate a property owner's constitutional right to receive just and adequate compensation before a taking of his property occurs....

...Accord 1A-4 Nichols on Eminent Domain § 4.109 [9] Moffat v. Denver, 57 Colo. 473, 143 P. 577, 580-581 (1914); Kelly v. Oklahoma Turnpike Authority, 269 P.2d 359, 364-365 (Ok.1954). [10] See Doe v. HGI Realty, Inc. 254 Ga.App. 181, 561 S.E.2d 450 (2002). [11] See OCGA § 22-2-84.1(d)....