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Call Now: 904-383-7448The 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 the plaintiff in any inverse condemnation proceeding brought against an acquiring public entity in which judgment is rendered in favor of the plaintiff for real property taken by the acquiring public entity in its execution of any federal-aid project, the costs of which are now or hereafter financed in whole or in part from federal funds allocated to the acquiring public entity.
(Ga. L. 1973, p. 512, § 7; Ga. L. 1989, p. 213, § 7.)
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".
- For survey article on recent developments in Georgia law of remedies, see 34 Mercer L. Rev. 397 (1982).
- Where condemnation was for purpose of acquiring land necessary for transit authority, fact that city institutes eminent domain proceedings in and of itself gives no right of action for expenses against the city under this section. Where the city is the legal condemnor, the transit authority, not the city, is the acquiring public entity for purposes of this section. West v. Mayor of Atlanta, 248 Ga. 844, 286 S.E.2d 299 (1982).
- Plaintiffs could not seek compensation under this section where they did not prevail in their inverse condemnation action. Benton v. Savannah Airport Comm'n, 241 Ga. App. 536, 525 S.E.2d 383 (1999).
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