The hearing may be conducted in the office of the judge of the probate court of the county in which the condemnation proceedings are had or at such other place as the assessors may fix. In assessing the damages to the railroad company, the assessors need not go upon or inspect the premises sought to be condemned, but they shall make their findings upon the testimony heard by them.

JUDICIAL DECISIONS

Elements to be considered in determination of damages.

- See Atlantic Coast Line R.R. v. Postal Telegraph-Cable Co., 120 Ga. 268, 48 S.E. 15, 1 Ann. Cas. 734 (1904); Western & Atl. R.R. v. Western Union Tel. Co., 138 Ga. 420, 75 S.E. 471, 42 L.R.A. (n.s.) 225 (1912).

Measure of damages in condemnation case under this article is value of land actually taken, and the extent to which the value and use of the right of way by the railway company is diminished by its use by the telegraph company. Atlantic Coast Line R.R. v. Postal Telegraph-Cable Co., 120 Ga. 268, 48 S.E. 15, 1 Ann. Cas. 734 (1904).

Value of right of way for other uses cannot be considered.

- In arriving at the value of the land actually appropriated, the general salable value of the right of way for other uses than that to which it is applied by the railway company cannot be considered; the appropriation to public use amounts to a withdrawal of the right of way from any use except that which is necessary or ancillary to the operation of the railroad. Atlantic Coast Line R.R. v. Postal Telegraph-Cable Co., 120 Ga. 268, 48 S.E. 15, 1 Ann. Cas. 734 (1904).

Peculiar advantages of right of way not proper element of damages.

- That the right of way may possess peculiar advantages and benefits to the telegraph company in the construction and maintenance of its line is not a proper element in the estimate of damages. Atlantic Coast Line R.R. v. Postal Telegraph-Cable Co., 120 Ga. 268, 48 S.E. 15, 1 Ann. Cas. 734 (1904).

Appeal from assessors' award under § 22-2-80 is permitted in a proceeding under this article. Atlantic Coast Line R.R. v. Postal Telegraph-Cable Co., 120 Ga. 268, 48 S.E. 15, 1 Ann. Cas. 734 (1904).

RESEARCH REFERENCES

Am. Jur. 2d.

- 27 Am. Jur. 2d, Eminent Domain, §§ 409, 419-442.

C.J.S.

- 29A C.J.S., Eminent Domain, §§ 271-275. 30 C.J.S., Eminent Domain, §§ 296-298.

ALR.

- Right of court to reduce or increase award in condemnation and confirm it as reduced or increased, 61 A.L.R. 194.

Right to intervene in court review of zoning proceeding, 46 A.L.R.2d 1059.

Right of adjoining landowners to intervene in condemnation proceedings on ground that they might suffer consequential damage, 61 A.L.R.2d 1292.

Right to view by jury in condemnation proceedings, 77 A.L.R.2d 548.

Liability, upon abandonment of eminent domain proceedings, for loss or expenses incurred by property owner, or for interest on award or judgment, 92 A.L.R.2d 346.

Syfert Injury Law Firm

2018 Georgia Code 22-3-4 | Car Wreck Lawyer

TITLE 22 EMINENT DOMAIN

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

ARTICLE 1 CONSTRUCTION, MAINTENANCE, ETC., OF TELEGRAPH AND TELEPHONE LINES ALONG RAILROAD RIGHTS OF WAY

22-3-4. Location of hearing before assessors; evidence upon which findings may be based.