TITLE 22 EMINENT DOMAIN

Section 3. Exercise of Power of Eminent Domain for Special Purposes, 22-3-1 through 22-3-162.

ARTICLE 5 CONSTRUCTION, OPERATION, ETC., OF WATERSHED PROJECTS, FLOOD-CONTROL PROJECTS, ETC., BY COUNTIES

22-3-100. Authority of counties to exercise power of eminent domain.

Every county of the State of Georgia may exercise the power of eminent domain for the purpose of taking and acquiring the property or other interests necessary:

To enable the county to institute and to accomplish the completion of small watershed projects, works of improvements for watersheds, and projects for watershed protection and flood control and prevention under any applicable Act of the State of Georgia or act of the United States;
For certain public parks, playgrounds, recreation centers, or other recreational facilities to be developed in connection with the development or construction of any small watershed project, any project for watershed protection or flood control and prevention, or works of improvements for watersheds; and
To allow for ways of ingress to and egress from any and all such watershed projects, improvements of watershed projects, projects for watershed protection and flood control and prevention, and public parks, playgrounds, recreation centers, or other recreational facilities.

(Ga. L. 1964, p. 234, §§ 1-3.)

Cross references.

- Granting of easements, rights of way, etc., to electric utilities for purposes of producing hydroelectric power from dam sites on property owned by governing authority of recreation system, § 36-64-3.1.

JUDICIAL DECISIONS

Property not used for purpose for which it was originally condemned may be devoted to another proper public use. Galloway v. Board of Comm'rs, 246 Ga. 472, 271 S.E.2d 784 (1980).

Where a local governing authority has, in good faith, condemned property in fee simple for a public use, the condemnor, without the necessity for bringing another condemnation proceeding, may abandon the specific use for which the property was taken and devote the property to another public use. Galloway v. Board of Comm'rs, 246 Ga. 472, 271 S.E.2d 784 (1980).

And title to condemned property does not revert to original owner.

- Where a governing body condemns lands in fee simple, the failure to use the lands for the purpose for which they were condemned does not cause title to revert to the original owners. Galloway v. Board of Comm'rs, 246 Ga. 472, 271 S.E.2d 784 (1980).

Use of lakes on condemned property for recreation is proper.

- The very existence of paragraph (2) of this section illustrates that where property condemned for watershed projects and flood control is not ultimately used for these purposes, using lakes on the property as public recreational facilities is a proper, alternative public use. Galloway v. Board of Comm'rs, 246 Ga. 472, 271 S.E.2d 784 (1980).

OPINIONS OF THE ATTORNEY GENERAL

Intent of words "recreational centers or other recreational facilities, to be developed in connection with . . ." is that a proposed facility, which may be used for recreational purposes, must also have substantial, tangible watershed or flood control benefits. 1967 Op. Att'y Gen. No. 67-274.

Condemnation where project cosponsored by conservation district and county.

- With respect to a small watershed project instituted under the cosponsorship of a soil and water conservation district and a county or counties either the district or the counties may condemn property for the project in compliance with the pertinent statutes. 1967 Op. Att'y Gen. No. 67-108.

No requirement that appraised amount be placed in trust prior to ruling.

- It is not necessary for the agency bringing condemnation proceedings to place any appraised amount in trust prior to a court ruling; however, if assessors are appointed as provided in § 22-2-135, the condemning authority cannot appeal the assessors' award without tender of the amount of the award to the condemnee or payment into the registry of the court; also the full sum awarded in any condemnation proceeding must be tendered to the condemnee, or paid into court in the event the condemnee refuses to accept payment, before the condemnor may enter upon, occupy, or subject the land to its use. 1967 Op. Att'y Gen. No. 67-108.

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Eminent Domain, §§ 19, 26, 60, 65, 85, 128, 132, 140, 141, 165, 196. 27 Am. Jur. 2d, Eminent Domain, §§ 323, 349, 350. 50 Am. Jur. 2d, Levees and Flood Control, § 8.

C.J.S.

- 28 C.J.S., Easements, §§ 5, 35. 29A C.J.S., Eminent Domain, §§ 21, 23, 30, 63, 64, 65, 105, 117, 151, 212. 30 C.J.S., Eminent Domain, § 450.

ALR.

- Compensation for, or extent of rights acquired by, taking of land, as affected by condemner's promissory statements as to character of use or undertakings to be performed by it, 7 A.L.R.2d 364.

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 to condemn property in excess of needs for a particular public purpose, 6 A.L.R.3d 297.

Eminent domain: right to enter land for preliminary survey or examination, 29 A.L.R.3d 1104.

Eminent domain: right of owner of land not originally taken or purchased as part of adjacent project to recover, on enlargement of project to include adjacent land, enhanced value of property by reason of proximity to original land - state cases, 95 A.L.R.3d 752.

Eminent domain: recovery of value of improvements made with knowledge of impending condemnation, 98 A.L.R.3d 504.

Eminent domain: possibility of overcoming specific obstacles to contemplated use as element in determining existence of necessary public use, 22 A.L.R.4th 840.

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