O.C.G.A.

O.C.G.A. § 22-4-7 (2019)

Payments by public entities for litigation expenses in condemnation proceedings

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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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.

History

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

Annotations

JUDICIAL DECISIONS 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). O.C.G.A. § 22-4-7 provides a remedy to recover attorney fees separate and apart from a condemnation proceeding when 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 Ga. L. 1973, p. 512, § 11 (see O.C.G.A. § 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 Ga. L. 1973, p. 512, § 6 (see O.C.G.A. § 22-4-7). 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).

Notes of Decisions

Cited in 4 cases, 1990–2000 · leading case: McKemie v. City of Griffin, 537 S.E.2d 66 (Ga. 2000).

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McKemie v. City of Griffin, 537 S.E.2d 66 (Ga. 2000). · cites it 8× “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 trial court awarded attorney fees in the amount of $5,281.”

Dep't of Transp. v. B & G Realty, Inc., 398 S.E.2d 762 (Ga. Ct. App. 1990). · cites it 3× “Appellant’s argument that OCGA §§ 22-4-7 and 32-8-1 restrict appellees to the use of administrative procedures to recover attorney fees is unfounded.”

City of Griffin v. McKemie, 522 S.E.2d 288 (Ga. Ct. App. 1999). · cites it 13× “Following the dismissal of the condemnation action, the McKemies filed a motion for attorney fees pursuant to OCGA §§ 22-4-7 and 9-15-14. The trial court awarded the McKemies $5,281.”

City of Griffin v. McKemie, 543 S.E.2d 785 (Ga. Ct. App. 2000). · cites it 4× “180 ( 522 SE2d 288 ) (1999), we found that the condemnees, given the circumstances of this case, could not recover fees pursuant to OCGA § 22-4-7 or § 9-15-14. We also concluded that the trial court’s factual findings regarding the City’s conduct would not support the award…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.