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2018 Georgia Code 22-4-7 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 22-4-7 Case Law from Google Scholar Amendments to OCGA 22-4-7

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

22-4-7. Payments by state, public agencies, etc., for litigation expenses - Condemnation proceedings.

The several public entities are authorized to and shall make or approve the payments required by Section 305(2) of the Uniform Act for litigation expenses actually incurred by any person, family, business, farm operation, or nonprofit organization which is a condemnee in any condemnation proceeding brought by an acquiring public entity to acquire real property for a federal-aid project, the cost of which is now or hereafter financed in whole or in part from federal funds allocated to an acquiring public entity, if the final judgment is that the acquiring public entity cannot acquire the real property by condemnation or the condemnation proceeding is formally abandoned by the acquiring public entity.

(Ga. L. 1973, p. 512, § 6; Ga. L. 1989, p. 213, § 6.)

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 "project".

JUDICIAL DECISIONS

This statutory authority for payment of litigation expenses is separate and apart from condemnation proceeding. City of Atlanta v. Rosebush, 146 Ga. App. 99, 245 S.E.2d 440 (1978).

This Code section provides a remedy to recover attorney fees separate and apart from a condemnation proceeding where just and adequate compensation is at issue. DOT v. B & G Realty, Inc., 197 Ga. App. 613, 398 S.E.2d 762 (1990).

This section does not require that entire project for which land is condemned be abandoned, but only that the condemnation proceeding be abandoned. Jackson v. Alford, 244 Ga. 125, 259 S.E.2d 68 (1979).

Reasonable expenses incurred by defendants prior to receiving notice of dismissal are recoverable litigation expenses. Jackson v. Alford, 244 Ga. 125, 259 S.E.2d 68 (1979).

Expenses of litigation, including attorney fees, must be paid by city, whether or not the city has established rules under § 22-4-11 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 this section. Jackson v. Alford, 244 Ga. 125, 259 S.E.2d 68 (1979).

Cited in West v. Mayor of Atlanta, 248 Ga. 844, 286 S.E.2d 299 (1982).

Cases Citing O.C.G.A. § 22-4-7

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McKemie v. City of Griffin, 537 S.E.2d 66 (Ga. 2000).

Cited 30 times | Published | Supreme Court of Georgia | Oct 2, 2000 | 272 Ga. 843, 2000 Fulton County D. Rep. 3774

...Instead of defending the appeal, the City abandoned the condemnation proceedings in favor of redesigning the sewer line. Following the dismissal, the McKemies moved for attorney fees and costs of litigation under OCGA § 9-15-14, or alternatively, under OCGA § 22-4-7....
...The Court of Appeals reversed, concluding that the award was not authorized as a matter of law under either statute. Because we find that the actions of the City would justify the recovery of litigation costs under OCGA § 9-15-14(b), we reject that conclusion. 1. An award of attorney fees under OCGA § 22-4-7 [1] is authorized "only when Federal financial assistance is used in or directly supports the property acquisition." City of Griffin v....
...The undisputed evidence in this case shows that the City's project was financed entirely by the proceeds from revenue bonds, and that no federal funds were used to acquire the property. Accordingly, the Court of Appeals correctly concluded that the condemnees cannot recover attorney fees pursuant to OCGA § 22-4-7....
...uch award and the conduct which would authorize it. Judgment reversed and remanded. All the Justices concur. NOTES [1] This Code section is contained in "The Georgia Relocation Assistance and Land Acquisition Policy Act," OCGA § 22-4-1 et seq. OCGA § 22-4-7, as amended, enables a condemnee to recover expenses of litigation in a proceeding brought by a public entity to acquire property "for a federal-aid project, the cost of which is now or hereafter financed in whole or in part from federal fu...