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2018 Georgia Code 22-4-11 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 22-4-11 Case Law from Google Scholar Amendments to OCGA 22-4-11

TITLE 22 EMINENT DOMAIN

Section 4. Relocation of Persons, Businesses, etc., Displaced by Federal-Aid Projects, 22-4-1 through 22-4-15.

ARTICLE 8 ELECTRIC TRANSMISSION LINES

22-4-11. Adoption of rules by state, public agencies, etc.; appeal and review.

  1. The several public entities are authorized to make such rules as may be necessary to provide for the administration of the financial assistance authorized by this chapter.
  2. The determination by the several public entities of the amount of any payment and to whom it shall be paid may be appealed and judicially reviewed in the manner prescribed by Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."

(Ga. L. 1973, p. 512, § 11.)

JUDICIAL DECISIONS

Judicial review provided by Ch. 13, T. 50 is applicable to "several public entities" as defined by § 22-4-2 as well as to those entities defined as an "agency" by § 50-13-2(1). Wirt v. Metropolitan Atlanta Rapid Transit Auth., 139 Ga. App. 592, 229 S.E.2d 100 (1976).

And amendments to definition of "agency" will not influence such applicability.

- "Several public entities" and the "agency" being alternative categories, amendments to the definition of "agency" will not influence the applicability of Ch. 13, T. 50 to an entity which falls within the "several public entities" category. Wirt v. Metropolitan Atlanta Rapid Transit Auth., 139 Ga. App. 592, 229 S.E.2d 100 (1976).

Expenses of litigation, including attorney fees, must be paid by city, whether or not the city has established rules under this section for administering the payments; in the absence of such rules and regulations, mandamus is an appropriate means by which to compel the performance of city officials in compliance with § 22-4-6. Jackson v. Alford, 244 Ga. 125, 259 S.E.2d 68 (1979).

Cited in City of Atlanta v. Rosebush, 146 Ga. App. 99, 245 S.E.2d 440 (1978); Metropolitan Atlanta Rapid Transit Auth. v. Wallace, 243 Ga. 491, 254 S.E.2d 822 (1979).

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