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2018 Georgia Code 22-4-6 | Car Wreck Lawyer

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

22-4-6. Payments by public entities for expenses incidental to property transfer, for mortgage penalties, and for property taxes.

The several public entities are authorized to and shall make or approve the payments required by Section 305(2) of the Uniform Act for expenses incidental to the transfer of real property acquired by any of the several public entities, for prepayment of mortgage penalties, and for a pro rata portion of real property taxes on real property acquired by any of the several public entities from any person, family, business, farm operation, or nonprofit organization displaced by federal-aid projects in the state, the costs of which are now or hereafter financed in whole or in part from federal funds allocated to any of the several public entities.

(Ga. L. 1973, p. 512, § 5; Ga. L. 1989, p. 213, § 5.)

The 1989 amendment, effective March 30, 1989, substituted "Uniform Act" for "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, Ninety-first Congress, approved January 2, 1971," and deleted "public works" preceding "projects".

JUDICIAL DECISIONS

This chapter does not require nor permit recovery of prepayment penalties as item of damages when federal funds are involved because such damages are not an item of damages under Georgia law. DeKalb County v. United Family Life Ins. Co., 235 Ga. 417, 219 S.E.2d 707 (1975).

RESEARCH REFERENCES

ALR.

- Compensation for interest prepayment penalty in eminent domain proceedings, 84 A.L.R.3d 946.

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