O.C.G.A. § 22-2-84 (2019)

Annotations

Law reviews. - For review of 1998 legislation relating to eminent domain, see 15 Ga. St. U.L. Rev. 115 (1998).

JUDICIAL DECISIONS Requirement of payment of costs is for benefit of officers of court and not a condition precedent to the filing of an appeal. Hilderbrand v. Housing Auth., 109 Ga. App. 297, 136 S.E.2d 24 (1964). Clerk is not bound to receive appeal until costs have been paid to the clerk, but if the clerk does receive an appeal without exacting the costs, the appeal is good, and the clerk becomes estopped from saying that the costs have not been paid to the clerk - estopped as to all persons, at least, except the appellant. Hilderbrand v. Housing Auth., 109 Ga. App. 297, 136 S.E.2d 24 (1964). Failure of condemnor to pay costs and fees within 10 days after judgment does not vitiate its appeal there-

from regardless of whether or not it is a political subdivision of the state. Hilderbrand v. Housing Auth., 109 Ga. App. 297, 136 S.E.2d 24 (1964). Waiver of right to have costs paid in advance. - When a magistrate refuses to dismiss an appeal because costs have not been paid by the appellant, this amounts to a waiver of the appellant’s right to have the costs paid in advance, and the appellee has no right to complain of the refusal to dismiss the appeal. Hilderbrand v. Housing Auth., 109 Ga. App. 297, 136 S.E.2d 24 (1964). Cited in Kellett v. Fulton County, 215 Ga. 551, 111 S.E.2d 364 (1959); Murray v. State Hwy. Dep’t, 103 Ga. App. 517, 120 S.E.2d 48 (1961).

RESEARCH REFERENCES C.J.S. - 29A C.J.S., Eminent Domain, § 550 et seq. ALR. - Liability for costs in trial tri-

bunal in eminent domain proceedings as affected by offer or tender by condemnor, 70 A.L.R.2d 804.