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2018 Georgia Code 22-4-9 | 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

22-4-9. Policies guiding acquisition of real property for federal-aid projects.

In acquiring real property for any federal-aid project, the costs of which are financed in whole or in part from federal funds allocated to an acquiring public entity, such public entity shall be guided by the land acquisition policies required by Section 301 of the Uniform Act to the greatest extent practicable.

(Ga. L. 1973, p. 512, § 8; Ga. L. 1989, p. 213, § 8.)

The 1989 amendment, effective March 30, 1989, deleted "public works" preceding "project" near the beginning of the Code section, substituted "Section 301 of the Uniform Act to the greatest extent practicable." for "Section 305(1) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, Ninety-first Congress, approved January 2, 1971, and shall, to the greatest extent practicable, be guided by the following policies:" near the end of the introductory language, and deleted paragraphs (1) through (9).

JUDICIAL DECISIONS

Paragraphs (7) and (8) should not be read as statutory authority for property owner to compel institution of condemnation proceedings by mandamus. Clifton v. Berry, 244 Ga. 78, 259 S.E.2d 35 (1979).

No private right of action.

- This section does not create a private right of action in favor of a landowner, but merely addresses policies that should guide state agencies when they acquire real property for federal-aid projects. Benton v. Savannah Airport Comm'n, 241 Ga. App. 536, 525 S.E.2d 383 (1999).

Neither the Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U.S.C. § 4601 et seq., nor the Georgia Relocation Assistance and Land Acquisition Policy Act, O.C.G.A. § 22-4-1 et seq., gave condemnees whose land was subjected to an inadequately described temporary work easement a private right of action. Ga. 400 Indus. Park, Inc. v. DOT, 274 Ga. App. 153, 616 S.E.2d 903 (2005).

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