O.C.G.A. § 23-4-38 (2019)

Annotations

JUDICIAL DECISIONS Injunction is distinctly an equitable remedy, and a court of equity acts in personam, not in rem. It is relief which may be enforced by the court granting it by attachment against the party refusing to obey the mandates of the decree. Howard v. Warren, 206 Ga. 838, 59 S.E.2d 503 (1950). Respondent in a citation for contempt is entitled to be apprised of the

acts which he is charged with committing in violation of the injunctive order, so that he may be prepared to defend against such allegations on the hearing. Hortman v. Georgia Bd. of Dental Exmrs., 214 Ga. 560, 105 S.E.2d 732 (1958). Cited in Isaac Silver & Bros. Co. v. Kalmon, 175 Ga. 244, 165 S.E. 434 (1932); Alred v. Celanese Corp. of Am., 205 Ga. 371, 54 S.E.2d 240 (1949).

Index A ABSTRACTS OF TITLE. Quia timet against all the world. Evidence examined by master, §23-3-64. ACCIDENTS. Equity. Accident and mistake. Grounds for equitable relief generally, §§23-2-20 to 23-2-34. ACCOUNTS AND ACCOUNTING. Contracts. Mutual accounts growing out of privity of contract. Equity jurisdiction, §23-2-70. Discovery. Equity jurisdiction over matters of account, §23-2-70. Equitable accounting of funds, goods, etc., §§23-2-70 to 23-2-76. Apportionment of contract, rent or hire, §23-2-72. Contribution entitlement, §23-2-71. Discovery, §23-2-70. Encumbrances affecting several interests. Discharge, §23-2-73. Mingled property. Burden of distinguishing, §23-2-74. Offer to pay balance unnecessary, §23-2-75. Scope of jurisdiction, §23-2-70. Setoff, §23-2-76. Jurisdiction. Equity jurisdiction over matters of account, §23-2-70. Mutual accounts. Equity jurisdiction. Accounts growing out of privity of contract, §23-2-70. Ne exeat. Equity jurisdiction over matters of account, §23-2-70. Trust funds. Equity jurisdiction over matters of account, §23-2-70. ACTIONS. Bill of peace. Avoiding multiplicity of actions, §23-3-110.

ACTIONS - Cont’d End of litigation. Bill of peace, §23-3-110. Multiplicity of actions. Bill of peace to avoid, §23-3-110. Public utilities. Eminent domain by electric power plants. Right to flood roads and highways. Effect of part on actions of public utilities, §22-3-47. Taxpayer protection against false claims. Action by attorney general or private person, §§23-3-122 to 23-3-124. AGENTS. Accident and mistake. Grounds for equitable relief. Mistake of law by draftsman or other agent, §23-2-23. Confidential relations between principal and agent. Definition of confidential relations, §23-2-58. Equity. Accident and mistake. Mistake of law by draftsman or other agent, §23-2-23. Mistake. Mistake of law by draftsman or other agent. Grounds for equitable relief, §23-2-23. APPEALS. Eminent domain. Petroleum pipelines and gas pipelines. Certificate of public convenience and necessity. Review of decision to issue or deny, §22-3-83. Proceeding before assessors. Appeal to jury in superior court, §22-2-80. Effect of payment on right of appeal, §22-2-82. Effect on condemnor’s right to use property, §22-2-81. Proceeding before special masters. Appeals to jury in superior court. Discrepancy between award and verdict of jury, §22-2-113.

INDEX APPEALS - Cont’d Eminent domain - Cont’d Proceeding before special masters - Cont’d Appeals to jury in superior court - Cont’d Effect of payment on right of appeal, §22-2-113. Execution upon award or judgment, §22-2-113. Generally, §22-2-112. Incorporation of award into judgment of court, §22-2-111. Separate appeals by owners of separate parcels, §22-2-113. Use of findings and award in subsequent appeal, §22-2-110. Proceeding before superior courts. Assessors’ award, §22-2-136. APPURTENANCES. Highways. Definitions. Certain definitions to include appurtenances. Public highway, §22-3-40. ARTIFICIAL GAS. Pipeline construction. Eminent domain authority, §22-3-95. ASSESSORS. Proceedings before assessors, §§22-2-1 to 22-2-86. ASSETS. Administration of assets. Equity, §§23-2-90 to 23-2-98. Decedents’ estates. Equity. When equity will interfere with administration of estates, §23-2-91. Equity. Administration of assets, §§23-2-90 to Grounds for equitable relief. Application of joint and individual assets to debts, §23-2-98. ATTACHMENT. Decrees. Attachments against person for contempt, §23-4-37. Enforcement of extraordinary remedies, §23-4-38. Attachments against properties, §23-4-37.

ATTACHMENT - Cont’d Equity procedure. Attachments against person for contempt, §23-4-37. Enforcement of extraordinary remedies, §23-4-38. Attachments against property, §23-4-37. ATTORNEY GENERAL. Taxpayer protection against false claims. Civil investigative demands, §23-3-125. Investigations by attorney general, §23-3-122. ATTORNEYS’ FEES. Eminent domain. Reasonable costs and expenses to owner. Final judgment prohibiting condemnation, proceeding abandoned, §22-1-12. Equitable interpleader, §23-3-90. Interpleader. Equitable interpleader, §23-3-90. Taxpayer protection against false claims. Liability for attorneys’ fees and costs, §23-3-121. AWARDS. Eminent domain. Proceedings before assessors. Appeals, §22-2-80. Payment, tender, etc., of award as condition on condemnor’s right to use property or interest, §22-2-81. Discrepancy between award and final judgment, §22-2-82. Entry of award on minutes of court, §22-2-84. Execution on award, §22-2-83. Filing and recording award, §22-2-65. Proceedings before special master. Appeal of award, §22-2-112. Effect of tender, payment or acceptance on right of appeal, §22-2-113. Award by special master and judgment of court conclusive as to right of condemnor to take or damage property, §22-2-107. Deposit of award into court registry, §22-2-114.

INDEX AWARDS - Cont’d Eminent domain - Cont’d Proceedings before special master - Cont’d Discrepancy between award of special master and verdict of jury, §22-2-113. Execution of award, §22-2-113. Form of award, §22-2-110. Incorporation of award into judgment of court, §22-2-111. Part of record of proceedings, §22-2-110. Time of filing, §22-2-110. Use in subsequent appeals, §22-2-110. Vesting of title upon deposit into court, §22-2-110. Proceedings before superior courts. Appeal from assessors’ award, §22-2-136. Condemnation conditioned upon payment of award into court, §22-2-138. Disposition of award by court, §22-2-138. Filing and recording of award, §22-2-141. Molding of award or verdict, §22-2-138. Power of court to adjudge condemnation of title upon deposit of award into court, §22-2-138. Scope of award or verdict, §22-2-138. B BEACONS. Construction by United States. Eminent domain, §§22-3-120 to BILL OF PEACE, §23-3-110. BONA FIDE PURCHASERS. Equity. Interference with, §23-1-20. Protection, §23-1-19. Relief against original parties or privies, §23-2-34. Interference with, §23-1-20. Power of sale. When affected by release, relinquishment or covenant as to exercise, §23-2-119.

BONA FIDE PURCHASERS - Cont’d Sale by one without notice, §23-1-19. Sale to one without notice, §23-1-19. BONDS, SURETY. Equity. Payment of lost bonds, §23-2-3. Ne exeat. Bond of complainants, §23-3-22. Bond of defendant, §23-3-23. BURDEN OF PROOF. Eminent domain. Exercise for public use, §22-1-11. Petroleum pipelines and gas pipelines. Certificate of public convenience and necessity. Demonstrating certificate should be issued, §22-3-83. Equitable accounting of funds, goods, etc. Distinguishing mingled property, §23-2-74. Fraud. Proving existence, §23-2-57. Ne exeat. Showing required, §23-3-21. BUSINESS COURT (STATE-WIDE). Equity. General provisions, §§23-1-1 to Jurisdiction of court, §23-1-1. Jurisdiction. Equity jurisdiction, §23-1-1. C CANCELLATION. Quia timet. Purposes, §23-3-40. CHEATING. Equitable relief. Consummation of fraud by unfair ways used to cheat another, §23-2-56. CIVIL PRACTICE. Ne exeat. General provisions, §§23-3-20 to Quia timet. General provisions, §§23-3-40 to CLAIMS. False claims. Taxpayer protection against false claims, §§23-3-120 to 23-3-127.

INDEX COMMON LAW. Equity. Apportionment of contract for rent or hire rendering common law remedy incomplete. Subject of equitable jurisdiction, §23-2-72. Common law remedies not as complete as equitable relief. Equity jurisdiction not deprived, §23-1-4.

CLAIMS - Cont’d Taxpayer protection against false claims, §§23-3-120 to 23-3-127. CLAIMS AGAINST COUNTIES. Taxpayer protection against false claims, §§23-3-120 to 23-3-127. CLAIMS AGAINST LOCAL GOVERNMENT ENTITIES. Taxpayer protection against false claims, §§23-3-120 to 23-3-127. CLEAN HANDS DOCTRINE. Who would have equity must do equity, §23-1-10. CLEAR CUTS. Survey of coast. Acquisition of right to enter lands and clear or cut timber for purposes of carrying out, §§22-3-121, 22-3-122. CLERKS OF COURT. Equity. Ex parte proceedings or in execution of protective powers. Transmittal of proceedings to clerk, §23-4-5. CLOUD UPON TITLE. Quia timet against all the world generally, §§23-3-60 to 23-3-73. Quia timet generally, §§23-3-40 to

CONDEMNATION. Eminent domain generally, §§22-1-1 to 22-4-15.

COASTAL WATERS AND BEACHES. Eminent domain. Lighthouses, beacons, etc., by United States government, §§22-3-120 to Clearing coastal lands to carry out survey, §22-3-121. Manner of assessment where parties cannot agree, §22-3-122. Generally, §22-3-120.

CONFIDENTIAL RELATIONS. Acquisition of antagonistic rights. Prohibited, §23-2-59. Definitions, §23-2-58.

COLLATERAL INTERPLEADER, §23-3-92. COLLUSION. Equitable relief against collusive executions, §23-2-113. Interpleader petition verified to show petitioner not in collusion, §23-3-91. COMMERCIAL PAPER. Equity. Payment of lost bonds or notes, §23-2-3.

COMPROMISE AND SETTLEMENT. Electric transmission lines. Construction of lines with operating voltage of 115 kilovolts or greater. Route selection, settlement negotiations with property owners, §22-3-161. Eminent domain. Electric transmission lines. Construction of lines with operating voltage of 115 kilovolts or greater. Route selection, settlement negotiations with property owners, §22-3-161. Taxpayer protection against false claims. Settlement of civil action, §23-3-122.

CONFUSION. Eminent domain proceedings before superior court. Award or verdict to avoid confusion of interest, §22-2-138. Mingled property. Burden of distinguishing, §23-2-74. Surprise as form of fraud, §23-2-54. CONSENT. Guardian or guardian ad litem. Consent decrees, §23-4-33. Sanitary sewage systems. Condemnation of property, §22-3-60. Waterworks and sanitary sewage systems. Condemnation of property, §22-3-60.

INDEX CONSERVATORS. Confidential relations. Defined, §23-2-58. CONSIDERATION. Equity. Setting aside sale or contract for inadequate consideration, §23-2-2. Inadequate consideration. Equity in setting aside sale or other contract, §23-2-2. CONSOLIDATION OF ACTIONS AND PROCEEDINGS. Equitable procedure, §23-4-1. CONSTRUCTIVE FRAUD, §23-2-51. CONSTRUCTIVE NOTICE. Quia timet against all the world. Adjacent landowners and adverse claimants, §23-3-65. Contents of petition. Description of all adverse claims, §23-3-62. CONTEMPT. Decrees. Attachments against person, §23-4-37. Enforcement of extraordinary remedies, §23-4-38. Equity. Enforcement of decree or order, §23-4-37. Enforcement of extraordinary remedies, §23-4-38. Injunctions. Enforcement of extraordinary remedies, §23-4-38. Ne exeat. Enforcement of extraordinary remedies, §23-4-38. Prohibition. Enforcement of extraordinary remedies, §23-4-38. CONTRACTS. Accident and mistake. Grounds for equitable relief generally, §§23-2-20 to 23-2-34. Accounts and accounting. Mutual accounts growing out of privity of contract. Equity jurisdiction, §23-2-70. Apportionment of contract, rent or hire. Equitable jurisdiction, §23-2-72.

CONTRACTS - Cont’d Decrees, §23-4-33. Equity. Accident and mistake. Grounds for equitable relief generally, §§23-2-20 to 23-2-34. Accounting of funds, goods, etc. Apportionment of contract, rent or hire, §23-2-72. Mutual accounts growing out of privity of contract, §23-2-70. Inadequate consideration, §23-2-2. Specific performance. Grounds for equitable relief generally, §§23-2-130 to Execution. In case of mistake. Distinguished from reformation in case of mistake, §23-2-30. Mistake. Equitable relief. Accident and mistake generally, §§23-2-20 to 23-2-34. Mutual accounts growing out of privity of contract. Equity jurisdiction, §23-2-70. Nonperformance. Specific performance. Grounds for equitable relief generally, §§23-2-130 to Performance. Specific performance. Grounds for equitable relief generally, §§23-2-130 to Privity. Mutual accounts growing out of. Equity jurisdiction, §23-2-70. Reformation. In case of mistake. Distinguished from execution in case of mistake, §23-2-30. Rescission. Unilateral mistake of fact, §23-2-31. Specific performance. Grounds for equitable relief generally, §§23-2-130 to 23-2-136. CONTRIBUTION. Equitable accounting of funds, goods, etc. Entitlement to contribution, §23-2-71.

INDEX CONVEYANCES. Accident and mistake. Grounds for equitable relief. Form of conveyance contrary to intent, §23-2-25. Annulment for fraud, §23-2-60. Contrary to intention of parties. Accident and mistake, §23-2-25. Equity. Accident and mistake. Form of conveyance contrary to intent, §23-2-25. Annulment for fraud, §23-2-60. Form contrary to intent of parties. Accident and mistake, §23-2-25. Fraud. Annulment of conveyances for fraud, §23-2-60. COPARTNERS. Ne exeat. When granted, §23-3-20. COSTS. Eminent domain. Proceeding before special masters. Compensation assessed as court cost, §22-2-106. Reasonable costs and expenses to owner. Final judgment prohibiting condemnation, proceeding abandoned, §22-1-12. Relocation assistance. Litigation expenses for condemnation proceedings and inverse condemnation proceedings, §§22-4-7, 22-4-8. Equity. Interpleader, §23-3-90. Interpleader. Equitable interpleader, §23-3-90. Quia timet, §23-3-41. Compensation of master and representative, §23-3-68. Relocation assistance. Eminent domain. Litigation expenses for condemnation proceedings and inverse condemnation proceedings, §§22-4-7, 22-4-8. Taxpayer protection against false claims. Liability for attorneys’ fees and costs, §23-3-121.

COUNTIES. Claims against counties. Taxpayer protection against false claims, §§23-3-120 to 23-3-127. Eminent domain. Declaration of taking method. Authorization to utilize, §22-3-140. Special masters. General provisions, §§22-2-100 to Watershed projects, flood-control projects, etc., by counties, §§22-3-100 to 22-3-102. Waterways and sewage systems. Consent for condemnation, §22-3-60. False claims. Taxpayer protection against false claims, §§23-3-120 to 23-3-127. Flood-control projects. Eminent domain. Watershed projects, flood-control projects, etc., by counties, §§22-3-100 to 22-3-102. Parks and recreation. Eminent domain. Watershed projects, flood-control projects, etc., by counties, §§22-3-100 to 22-3-102. Taxpayer protection against false claims, §§23-3-120 to 23-3-127. Watershed projects. Eminent domain. Watershed projects, flood-control projects, etc., by counties, §§22-3-100 to 22-3-102. COUNTY TAX COLLECTORS. Eminent domain. Notification in cases where taxes due or unpaid, §22-2-134. Proceeding before superior courts. Notification of court of taxes due, §22-2-140. Notification of tax collector or commissioner, §22-2-134. Notice. Eminent domain cases where taxes due or unpaid, §22-2-134. COUNTY TAX COMMISSIONERS. Eminent domain. Notification of commissioner in cases where taxes due or unpaid, §22-2-134. Notification of court of taxes due on property or interest, §22-2-140.

INDEX COUNTY TAX COMMISSIONERS - Cont’d Notice. Eminent domain cases where taxes due or unpaid, §22-2-134. Commissioner to notify court of taxes due, §22-2-140. COURTS. Eminent domain. Laws authorizing condemnation of private property for private uses. Duty of courts, §22-1-3. Superior courts. General provisions, §§22-2-130 to Superior courts. Eminent domain. General provisions, §§22-2-130 to CREDITORS. Equitable interference in administration of assets. Creditors’ petitions, §23-2-95. When equitable assets may be reached by creditor, §23-2-96. Interference with creditor, §23-1-22. CULVERTS. Public roads or public highways defined to include, §22-3-40. Restrictions on use of condemned roads or highways, §22-3-46. D DAMAGES. Consequential damages. Eminent domain exercise for construction and operation of electric power plants. Payment, §22-3-21. Eminent domain proceedings before assessors. Entry of finding, §22-2-64. Evidence to be heard by assessors, §22-2-62. Manner of assessment, §22-2-63. Eminent domain proceedings before court. Factors to be considered, §22-2-137. Eminent domain proceedings before special masters. Award, §22-2-110. Factors to be considered, §22-2-109.

DAMAGES - Cont’d Eminent domain, §§22-2-62 to 22-2-64. Award of special master, §22-2-110. Effect of failure to agree on compensation, §22-1-7. Electric power plants. Payment of compensation or damages, §22-3-21. Factors to be considered, §§22-2-109, Lighthouses, beacons, etc., by United States government. Clearing coastal lands to carry out survey. Manner of assessment where parties cannot agree, §22-3-122. Relocation damages and expenses, §22-1-13. Requirement of just compensation, §22-1-5. Right to take or damage private property upon payment of just compensation, §22-1-6. Equitable relief for nonperformance of a contract. Inadequacy of damages recoverable at law, §23-2-130. Specific personalty, §23-2-136. When specific performance impossible, §23-2-135. Specific performance. Decreed when damages inadequate, §23-2-130. Impossibility of specific performance, §23-2-135. Specific personalty, §23-2-136. DAMS. Eminent domain. Electric power plants, §§22-3-20 to Right and authority to acquire by condemnation dams, §22-3-22. Watershed projects, flood-control projects, etc., by counties, §§22-3-100 to 22-3-102. DEATH. Power of sale. Exercise after grantor or donor’s death, §23-2-114. DEBTORS AND CREDITORS. Equitable interference in administration of assets. Creditors’ petitions, §23-2-95.

INDEX DEBTORS AND CREDITORS - Cont’d Equitable interference in administration of assets - Cont’d Joint and individual assets. Application to joint debts or individual debts, §23-2-98. When equitable assets may be reached by creditor, §23-2-96. Equity. Interference with creditor. In prosecution of legal remedies, §23-1-22.

DECREES - Cont’d Out-of-state property, §23-4-32. Prohibition. Enforcement of extraordinary remedies, §23-4-38. Property outside jurisdiction, §23-4-32. Quia timet against all the world, §23-3-67. Sales. Confirmation of sales, §23-4-35. Signatures, §23-4-30. Transferability, §23-4-36. Wills, §23-4-33.

DECEDENTS’ ESTATES. Equitable administration of assets. General provisions, §§23-2-90 to Marshaling assets, §23-2-93. Marshaling assets. Equitable interference, §23-2-93.

DEFINED TERMS. Actual fraud, §23-2-51. Blight. Eminent domain, §22-1-1. Blighted. Eminent domain, §22-1-1. Blighted property. Eminent domain, §22-1-1. Claims. Taxpayer protection against false claims, §23-3-120. Collusive executions. When equity may relieve against, §23-2-113. Common carrier. Eminent domain, §22-1-1. Condemning authority. Eminent domain, §22-1-1. Condemning body, §22-2-100. Condemnor, §§22-1-1, 22-2-1, 22-2-100. Local government condemnation for public use, §22-1-15. Confidential relations, §23-2-58. Constructive fraud, §23-2-51. Custodian. Taxpayer protection against false claims, §23-3-125. Documentary material. Taxpayer protection against false claims, §23-3-125. Each person with a legal claim. Eminent domain, §22-1-1. Economic development. Eminent domain, §22-1-1. Local government condemnation for public use, §22-1-15. Equitable assets. Equitable administration of assets, §23-2-90. False claims law. Taxpayer protection against false claims, §23-3-125.

DECREES, §§23-4-30 to 23-4-38. Attachments against person for contempt, §§23-4-37, 23-4-38. Attachments against property, §23-4-37. Contempt. Attachments against person, §23-4-37. Enforcement of extraordinary remedies, §23-4-38. Contract. Matter, §23-4-33. Enforcement, §23-4-31. Entry, §23-4-30. Executions against property, §23-4-37. Extraordinary remedies. Enforcement, §23-4-38. Guardian ad litem. Consent, §23-4-33. Guardian and ward. Consent, §23-4-33. Injunctions. Enforcement of extraordinary remedies, §23-4-38. Interlocutory decrees, §23-4-34. Liens, §23-4-36. Minors. Consent of guardian or guardian ad litem, §23-4-33. Molding, §23-4-31. Nature of decree, §23-4-30. Ne exeat. Enforcement of extraordinary remedies, §23-4-38.

INDEX DEFINED TERMS - Cont’d False claims law investigation. Taxpayer protection against false claims, §23-3-125. False claims law investigator. Taxpayer protection against false claims, §23-3-125. Illusory appointment. When equity may relieve against, §23-2-113. Interest. Eminent domain, §22-1-1. Knowing. Taxpayer protection against false claims, §23-3-120. Knowingly. Taxpayer protection against false claims, §23-3-120. Legal assets. Equitable administration of assets, §23-2-90. Local government. Taxpayer protection against false claims, §23-3-120. Material. Taxpayer protection against false claims, §23-3-120. Obligation. Taxpayer protection against false claims, §23-3-120. Official use. Taxpayer protection against false claims, §23-3-125. Original source. Taxpayer protection against false claims, §23-3-122. Person. Eminent domain, §22-1-1. Taxpayer protection against false claims, §23-3-125. Product of discovery. Taxpayer protection against false claims, §23-3-125. Property. Eminent domain, §22-1-1. Public highway. Eminent domain by electric power plants, §22-3-40. Public road. Eminent domain by electric power plants, §22-3-40. Public use. Eminent domain, §22-1-1. Local government condemnation for public use, §22-1-15.

DEFINED TERMS - Cont’d Right of eminent domain, §22-1-2. State. Taxpayer protection against false claims, §23-3-120. DEPOSIT INTO COURT REGISTRY. Eminent domain proceedings, §22-2-114. DEPOSITIONS. Taxpayer protection against false claims. Civil investigative demand, §23-3-125. DISCOVERY. Accounts and accounting. Equity jurisdiction over matters of account, §23-2-70. Equity. Equity jurisdiction over matters of account, §23-2-70. Taxpayer protection against false claims. Civil investigative demands, §23-3-125. DISCRIMINATION. Taxpayer protection against false claims. Discrimination or retaliation against employees, prohibition, §23-3-122. DISPLACED PERSONS. Relocation assistance. Eminent domain, §§22-4-1 to 22-4-15. DOCKETS. Quia timet against all the world. Filing in lis pendens docket, §23-3-62. DONATIONS. Eminent domain. Waterworks and sanitary sewage systems. Authority to lease, purchase or condemn property or receive donation, §22-3-60. Sewage systems. Authority to receive donations, §22-3-60. Water supply. Authority to receive donations of systems, §22-3-60. DONORS. Power of sale. Equitable relief. Exercise after donor’s or grantor’s death, §23-2-114.

INDEX DRAFTSMEN. Equity. Mistake of law by draftsman. Grounds for equitable relief, §23-2-23. DRAINAGE. Eminent domain. Declaration of taking method. Authorization to utilize, §22-3-140. E ELECTION OF REMEDIES. Equitable interference in administration of assets. Compelled election in marshaling assets, §23-2-94. Equity. When election between benefits compelled, §23-1-24. Marshaling assets. Compelled election, §23-2-94. ELECTRICITY. Eminent domain. Construction of transmission lines. Lines with operating voltage of 115 kilovolts or greater. Additional compensation or reconveyance, §22-3-162. Public meetings, required, notice, exceptions, §22-3-160.1. Route, selection, settlement negotiations with property owners, §22-3-161. Utility defined, §22-3-160. Declaration of taking method. Authorization to utilize, §22-3-140. Electric power plants, §§22-3-20 to High-voltage lines. Eminent domain. Construction of transmission lines with operating voltage of 115 kilovolts or greater. Additional compensation or reconveyance, §22-3-162. Public meetings, required, notice, exceptions, §22-3-160.1. Route, selection, settlement negotiations with property owners, §22-3-161. Utility defined, §22-3-160.

ELECTRIC POWER PLANTS. Eminent domain, §§22-3-20 to 22-3-47. Construction of transmission lines. Lines with operating voltage of 115 kilovolts or greater. Additional compensation or reconveyance, §22-3-162. Public meetings, required, notice, exceptions, §22-3-160.1. Route, selection, settlement negotiations with property owners, §22-3-161. Utility defined, §22-3-160. Declaration of taking method. Authorization to utilize, §22-3-140. Mills, factories, dams, etc., §22-3-22. Payment of compensation or damages, §22-3-21. Power to condemn rights of way and easements, §22-3-20. Right to flood roads and highways, §§22-3-40 to 22-3-47. Actions of property owners and utilities. Effect of part on rights of action, §22-3-47. Appeal to superior court, §22-3-44. Rights of condemnor pending appeal, §22-3-45. Authorization of officers to act for state or county, §22-3-43. Notice of appeal to superior court, §22-3-44. Notice of intention to condemn, §22-3-42. Power to acquire right, §22-3-41. Procedure, §22-3-43. Public road and public highway defined, §22-3-40. Restrictions on use of condemned road or highway, §22-3-46. Rights of condemnor pending appeal, §22-3-45. EMINENT DOMAIN, §§22-1-1 to All other legitimate purposes to which could be appropriated. Determining just and adequate compensation, §§22-2-109, Assessors, §§22-2-1 to 22-2-86. Appeal to jury in superior court. Effect of tender, payment or acceptance on right, §22-2-82.

INDEX EMINENT DOMAIN - Cont’d Assessors - Cont’d Appeal to jury in superior court - Cont’d Effect on condemnor’s right to use property, §22-2-81. Generally, §22-2-80. Attorneys at law. Representation of party, §22-2-61. Authority, §22-2-40. Award. Discrepancy between award and final judgment, §22-2-82. Entry on minutes of court, §22-2-84. Evidence heard by assessors, §22-2-62. Execution, §22-2-83. Filing, §22-2-65. Manner of assessment, §22-2-63. Payment, §22-2-84. Condition on condemnor’s right to use property, §22-2-81. Effect on right of appeals, §22-2-82. Prospective and consequential damages. Evidence heard by assessors, §22-2-62. Manner of assessing consequential damages, §22-2-63. Recording, §22-2-65. Second assessment upon appearance of unknown owners, §22-2-24. Special master panel, §22-2-110. Incorporation into judgment, §22-2-111. Surplus award returned to condemnor. Second assessment upon appearance of unknown owners, §22-2-24. Certified general real estate appraisers. Qualification to selected, §22-2-40. Clerks of superior court. Selection of assessor, §22-2-41. Condemnor, §22-2-1. Disability. Direction of notice where person under disability, §22-2-21. Payment by person under disability without legal representative, §22-2-86. Entry of findings by assessors, §22-2-64.

EMINENT DOMAIN - Cont’d Assessors - Cont’d Evidence heard by assessors, §22-2-62. Execution on award or judgment, §22-2-83. Findings by assessors, §22-2-64. Forms. Notice of findings by assessors, §22-2-64. Guardian. Service of notice upon. Minor or person under disability owner of property, §22-2-21. Nonresident guardian, §22-2-23. Guardian ad litem. Appointment for minor, §22-2-21. Interest in property obtainable by condemnor, §22-2-85. Judgments. Discrepancy between award and final judgment, §22-2-82. Entry of notice and award on minutes of court, §22-2-84. Execution, §22-2-83. Minors. Direction of notice, §22-2-21. Payment. Where minor without legal representative, §22-2-86. Municipalities. Interest in property obtainable by, §22-2-85. Nonresidents. Notice, §22-2-23. Representation by judge of probate court for addresses unknown, §22-2-23. Notice, §§22-2-20 to 22-2-26. Contents, §22-2-26. Disabilities, §22-2-21. Entry of findings by assessors, §22-2-64. Entry on minutes of court, §22-2-84. Hearing, §22-2-60. Manner and time of service, §22-2-25. Minors, §22-2-21. Nonresidents, §22-2-23. Persons entitled to receive, §22-2-20. Trustees of trust property and remaindermen, §22-2-22. Unborn remaindermen possibility, §22-2-24. Unknown owners, §22-2-24. Oath, §22-2-43.

INDEX EMINENT DOMAIN - Cont’d Assessors - Cont’d Probate court. Nonresidents represented by judge for addresses unknown, §22-2-23. Payment by judge where minor or person under disability without legal representative, §22-2-86. Selection of assessor by judge, §22-2-41. Recording of award, §22-2-65. Representation of party, §22-2-61. Rights of owners in selecting, §22-2-41. Selection. Clerk of superior court, §22-2-41. Failure of parties to select third assessor, §22-2-42. Generally, §22-2-40. Judge of probate court, §22-2-41. Number of assessors, §22-2-40. Oath, §22-2-43. Rights of owners, §22-2-41. Special master panel, §22-2-108.1. Service of notice. Manner and time, §22-2-25. Minors or persons under disability, §22-2-21. Nonresidents, §22-2-23. Persons entitled to receive, §22-2-20. Trustees of trust property and remaindermen, §22-2-22. Unknown owners or unborn remaindermen possible, §22-2-24. Special master panel. Award, §22-2-110. Incorporation into judgment, §22-2-111. Selection, notice, powers and duties, §22-2-108.1. Subpoenas, §22-2-61. Superior courts. Appeal from assessors’ award, §22-2-136. Appeal to jury in superior court, §22-2-80. Effect of payment or acceptance on right to appeal, §22-2-82. Effect on condemnor’s right to use property, §22-2-81. Appointment, §22-2-135. Selection of assessor by clerk, §22-2-41. Selection of third assessor upon failure of parties to select, §22-2-42.

EMINENT DOMAIN - Cont’d Assessors - Cont’d Telegraph and telephone lines along railroad rights of way. Form of findings, §22-3-3. Hearings, §22-3-4. Unknown owners. Direction of notice, §22-2-24. Second assessment upon appearance, §22-2-24. Use of condemned property. Effect of appeal on condemnor’s right, §22-2-81. Payment of award as condition, §22-2-81. Witnesses. Compelling attendance, §22-2-61. Authority to excise power. Court determination, §22-1-11. Blighted property, blighted, blight defined, §22-1-1. Burden of proof. Condemnation for public use, §22-1-11. Compensation. Effect of failure to agree on, §22-1-7. Electric power plants. Payment of compensation or damages, §22-3-21. Lighthouses, beacons, etc., by United States government. Clearing coastal lands to carry out survey. Manner of assessment where parties cannot agree, §22-3-122. Relocation damages and expenses by condemnee, §22-1-13. Requirement of just compensation, §22-1-5. Taking or damaging private property upon payment of just and adequate compensation, §22-1-6. Condemnation procedure generally. Proceeding before assessors. Appeals and final judgment, §§22-2-80 to 22-2-86. Condemnor defined, §22-2-1. Hearing, §§22-2-60 to 22-2-65. Notice of condemnation, §§22-2-20 to Selection and oath of assessors, §§22-2-40 to 22-2-43. Proceeding before special master, §§22-2-100 to 22-2-114. Proceeding before superior court, §§22-2-130 to 22-2-142.

INDEX EMINENT DOMAIN - Cont’d Construction of title. Exclusive nature of title, §22-1-8. Conversion to other than public use. Restriction, time period, §22-1-2. Costs. Award to owner of reasonable costs and expenses. Final judgment prohibiting condemnation, proceeding abandoned, §22-1-12. Special masters. Compensation assessed as costs, §22-2-106. County condemnation for public use, §22-1-15. County tax commissioners. Notification of commissioner in cases where taxes due or unpaid, §22-2-134. Notification of court of taxes due on property or interest, §22-2-140. Damages, §§22-2-62 to 22-2-64. Award of special master, §22-2-110. Factors to be considered, §§22-2-109, Relocation damages and expenses, §22-1-13. Date of taking, §§22-2-109, 22-2-137. Definitions, §22-1-1. Condemning body, §22-2-100. Condemnor, §§22-2-1, 22-2-100. Relocation assistance and land acquisition. Applicability of definitions concerning eminent domain, §22-4-3. Right of eminent domain, §22-1-2. Deposit of award into court registry, §22-2-114. Determination by court. Authority to exercise power, §22-1-11. Displacement of condemnee. Relocation damages and expenses. Compensation to condemnee, §22-1-13. Duties of condemnor prior to exercise of power, §22-1-10. Duty of courts, §22-1-3. Economic development. Defined, §22-1-1. Electric power plants, §§22-3-20 to Compensation or damages. Payment, §22-3-21.

EMINENT DOMAIN - Cont’d Electric power plants - Cont’d Construction of transmission lines. Lines with operating voltage of 115 kilovolts or greater. Additional compensation or reconveyance, §22-3-162. Public meetings required, notice, exceptions, §22-3-160.1. Route, selection, settlement negotiations with property owners, §22-3-161. Utility defined, §22-3-160. Mills, factories, dams, etc., §22-3-22. Power to condemn rights of way and easements, §22-3-20. Public meetings required, notice, exceptions. Construction of electric transmission lines. Lines with operating voltage of 115 kilovolts or more, §22-3-160.1. Right to flood roads and highways, §§22-3-40 to 22-3-47. Actions by property owners and public utilities. Effect of part on rights of action, §22-3-47. Appeals to superior court, §22-3-44. Rights of condemnor pending appeal, §22-3-45. Authorization of officers to act for state or county, §22-3-43. Notice of appeals to superior court, §22-3-44. Notice of intention to condemn, §22-3-42. Power to acquire right, §22-3-41. Procedure, §22-3-43. Property owners. Effect of part on rights of action of, §22-3-47. Public road and public highway defined, §22-3-40. Public utilities. Effect of part on rights of action of, §22-3-47. Restrictions on use of condemned road or highway, §22-3-46. Rights of condemnor pending appeal, §22-3-45. Superior court. Appeals to, §22-3-44. Rights of condemnor pending appeal, §22-3-45.

INDEX EMINENT DOMAIN - Cont’d Electric power plants - Cont’d Right to flood roads and highways - Cont’d Use of condemned road or highway. Restrictions, §22-3-46. Electric transmission lines. Construction of lines with operating voltage of 115 kilovolts or more. Additional compensation or reconveyance, §22-3-162. Public meetings required, notice, exceptions, §22-3-160.1. Route, selection, settlement negotiations with property owners, §22-3-161. Utility defined, §22-3-160. Emergency conditions existing, §22-1-10.1. Evidence. Valuation of condemned property, determination, §22-1-14. Exclusive nature of title, §22-1-8. Exercise of power for special purposes. Electric power plants. Construction and operation. Acquisition of right to flood roads and highways, §§22-3-40 to General provisions, §§22-3-20 to Lighthouses, beacons. Construction by federal government, §§22-3-120 to 22-3-122. Ownership or operation of certain utility systems. Declaration of taking method of eminent domain, §22-3-140. Petroleum pipelines and gas pipelines, §§22-3-80 to 22-3-95. Telegraph and telephone lines along railroad rights of way. Construction, maintenance, §§22-3-1 to 22-3-4. Watershed projects, flood-control projects. Construction, operation, counties, §§22-3-100 to 22-3-102. Waterworks and sanitary sewage systems. Construction and operation, §§22-3-60 to 22-3-63. Expert or lay testimony. Valuation of condemned property, determination, §22-1-14.

EMINENT DOMAIN - Cont’d Failure to put property to public use. Reconveyance, quitclaim, additional compensation. Right of former owner, §22-1-2. Gas. Petroleum and gas pipelines, §§22-3-80 to 22-3-95. General assembly. Manner of exercising right, §22-1-4. Power to determine when right may be exercised, §22-1-3. Highways, roads and streets. Consequential damages to remaining property or interest, §§22-2-109, Value of land actually taken. Fixing, §§22-2-109, 22-2-137. Institution of proceedings by condemnor. Policies and practices guiding exercise of power, §22-1-9. Insurrection. Nature of right, §22-1-2. Just compensation. Effect of failure to agree on, §22-1-7. Electric power plants. Payment of compensation or damages, §22-3-21. Lighthouses, beacons, etc., by United States government. Clearing coastal lands to carry out survey. Manner of assessment where parties cannot agree, §22-3-122. Requirement as limitation on exercise of power, §22-1-5. Taking or damaging private property upon payment of just and adequate compensation, §22-1-6. Legal authority to exercise power. Determination by court, §22-1-11. Lighthouses, beacons, etc., by United States government, §§22-3-120 to 22-3-122. Clearing land for purposes of carrying out survey of coasts, §22-3-121. Manner of assessment where parties cannot agree on compensation, §22-3-122. Procedure generally, §22-3-120. Local government condemnation for public use, §22-1-15.

INDEX EMINENT DOMAIN - Cont’d Meeting of governmental condemnor on resolution approving exercise of power. Notice required, commencement of meeting, time, §22-1-10. Moving expenses. Compensation to condemnee, §22-1-13. Municipal condemnation for public use, §22-1-15. Nature of right, §22-1-2. Negotiation. Acquisition by. Policies and practices guiding exercise, §22-1-9. Nongovernmental condemnor. Duties, §22-1-10. Notice. Meeting of governmental condemnor on resolution approving exercise of power, §22-1-10. Petroleum pipelines and gas pipelines. Certificate of public convenience and necessity. Notice of application, §22-3-83. Notice to landowner prior to initiating proceedings, §22-3-84. Proposed condemnation by nongovernmental condemnor, §22-1-10. Required prior to scheduled construction or development of project, §22-1-9. Special master panel. Selection of assessors, §22-2-108.1. Peace time. Nature of right, §22-1-2. Petroleum pipelines and gas pipelines, §§22-3-80 to 22-3-95. Certificate of public convenience and necessity. Application for certificate, §22-3-83. Considerations in granting, §22-3-83. Public notice of application, §22-3-83. Required, §22-3-82. Review of decision to issue or deny, §22-3-83. Rules and regulations required to be promulgated prior to issuance of certificates, §22-3-83. Condemnation procedures, use authorized, §22-3-85. Definitions, §22-3-80.

EMINENT DOMAIN - Cont’d Petroleum pipelines and gas pipelines - Cont’d Natural or artificial gas pipelines, §22-3-95. Notice to landowner prior to initiating proceedings, §22-3-84. Right to acquire property by eminent domain, §22-3-81. Policies and practices guiding exercise of power, §22-1-9. Private property for private uses. Duty of courts as to laws authorizing condemnation, §22-1-3. Probate courts. Special masters. Service of process on judges, §22-2-107. Public use. Burden of proof. Condemnation for public use, §22-1-11. Conversion to other than public use. Restriction, time period, §22-1-2. Defined, §22-1-1. Description of blighted property and last lawful use, §22-1-15. Failure to put to public use. Time period, reconveyance or quitclaim, additional compensation. Right of former owner, §22-1-2. Hearing on petition, §22-1-15. Petition to condemn blighted property for public use, §22-1-15. Petroleum pipelines and gas pipelines, §§22-3-80 to 22-3-95. Procedure for condemnation for public use, §22-1-15. Time property considered put to public use, §22-1-2. Whether exercise of power for public use. Determination by court, §22-1-11. Real estate appraisers and appraisal management companies. Qualification to be selected as assessor, §22-2-40. Reconveyance or quitclaim, additional compensation. Failure to put to public use, time period. Right of former owner, §22-1-2.

INDEX EMINENT DOMAIN - Cont’d Reimbursement to owner. Reasonable costs and expenses associated with proceedings. Final judgment prohibiting condemnation, proceeding abandoned, §22-1-12. Relocation assistance and land acquisition, §§22-4-1 to 22-4-15. Acquisition of buildings, structures and other improvements for federal-aid projects. Policies guiding, §22-4-10. Acquisition of real property for federal-aid projects. Policies guiding, §22-4-9. Advisory services. Providing, §22-4-5. Appeal and review, §22-4-11. Authority to provide replacement housing, §22-4-15. Condemnation proceedings. Effect of chapter on, §22-4-14. Payments for litigation expenses, §§22-4-7, 22-4-8. Payments for litigation expenses, §§22-4-7, 22-4-8. Cost of litigation. Payments for condemnation proceedings, §22-4-7. Payments for inverse condemnation proceedings, §22-4-8. Declaration of necessity, §22-4-2. Definitions. Applicability of definitions concerning eminent domain, §22-4-3. Effect of chapter on condemnation proceedings, §22-4-14. Effect of chapter on power of state, public agencies, etc., to tax, §22-4-12. Exercise of powers granted by municipal corporations with population of 350,000 or more, §22-4-11.1. Functions provided in chapter as public purposes, §22-4-12. Georgia relocation assistance and land acquisition policy act. Short title, §22-4-1. Housing expenses. Payments, §22-4-4. Incidental property transfer expenses. Payments, §22-4-6.

EMINENT DOMAIN - Cont’d Relocation assistance and land acquisition - Cont’d Income or resources. Payment under chapter as, §22-4-13. Inverse condemnation proceedings. Payments for litigation expenses, §22-4-8. Legislative findings, §22-4-2. Mortgage penalties. Payments, §22-4-6. Municipal corporations with population of 350,000 or more. Exercise of powers granted by, §22-4-11.1. Payments. Expenses incidental to property transfers, §22-4-6. Housing expenses, §22-4-4. Income or resources, §22-4-13. Litigation expenses, §§22-4-7, Policies. Acquisition of buildings, structures and other improvements for federal-aid projects, §22-4-10. Acquisition of real property for federal-aid projects, §22-4-9. Property taxes. Payments, §22-4-6. Relocation assistance advisory services providing, §22-4-5. Replacement housing. Authority to provide, §22-4-15. Rules for administration of financial assistance, §22-4-11. Short title. Georgia relocation assistance and land acquisition policy act, §22-4-1. Taxation. Effect of chapter on power to tax, §22-4-12. Uniform relocation assistance and real property acquisition policy act. Uniform act. Defined, §22-4-1. Relocation damages and expenses. Compensation to condemnee, §22-1-13. Rental of property for short term by condemning authority. Amount of rent required, limitation, §22-1-9. Right, §22-1-2. Manner in which general assembly exercises right, §22-1-4.

INDEX EMINENT DOMAIN - Cont’d Right - Cont’d Power of general assembly to determine when right exercised, §22-1-3. Taking or damaging private property upon payment of just and adequate compensation, §22-1-6. Service of notice of proposed condemnation, §22-1-10. Sewage systems, §§22-3-60 to 22-3-63. Special master panel. Award, §22-2-110. Incorporation into judgment, §22-2-111. Selection, notice, powers and duties, §22-2-108.1. Special masters, §§22-2-100 to Appeals to jury in superior court. Discrepancy between award and verdict, §22-2-113. Effect of payment on right of appeal, §22-2-113. Execution upon award or judgment, §22-2-113. Generally, §22-2-112. Incorporation of award into judgment of court, §22-2-111. Separate appeals by owners of separate and distinct parcels, §22-2-113. Use of findings and award in subsequent appeal, §22-2-110. Appointment of special masters, §22-2-103. Form, §22-2-104. Awards. Conclusive as to right of condemnor to take or damage property, §22-2-107. Deposit into court registry, §22-2-114. Conflicting claims, §22-2-114. Discrepancy between award and verdict of jury, §22-2-113. Execution, §22-2-113. Factors considered in determining or estimating compensation, §22-2-109. Form, §22-2-110. Generally, §22-2-110. Incorporation into judgment of court, §22-2-111. Jury trial on issue of just and adequate compensation. Condemnee’s right to, §22-2-112.

EMINENT DOMAIN - Cont’d Special masters - Cont’d Awards - Cont’d Payment. Deposit into court registry, §22-2-114. Effect on right of appeal, §22-2-113. Use in subsequent appeal, §22-2-110. Cause to proceed in rem, §22-2-102. Compensation of special masters, §22-2-106. Condemning body. Defined, §22-2-100. Condemnor. Defined, §22-2-100. Date of taking. Determination, §22-2-109. Deposit of award into court registry, §22-2-114. Vesting of title in condemnor, §22-2-114. Disabilities. Service of process on persons under disability, §22-2-107. Duties generally, §22-2-108. Effect of article on other methods of condemnation, §22-2-101. Execution upon award or judgment, §22-2-113. Forms. Appointment of special masters, §22-2-104. Award of special masters, §22-2-110. Oath of special masters, §22-2-105. Guardian. Service of notice on guardian. Minor or person under disability owner of property, §22-2-107. Hearing before special master, §22-2-102. Powers and duties, §22-2-108. Inspection of premises personally by special masters, §22-2-106. Intent of article, §22-2-101. Judgments. Conclusive as to right of condemnor to take or damage property, §22-2-107. Execution, §22-2-113. Incorporation of award into judgment of court, §22-2-111. Jury trial on issue of just and adequate compensation. Condemnee’s right to, §22-2-112.

INDEX EMINENT DOMAIN - Cont’d Special masters - Cont’d Location of highways. Date of approval of original location, §22-2-109. Newspaper advertisement as to original location, §22-2-109. Mentally ill persons. Service of process on, §22-2-107. Minors. Service of process on, §22-2-107. Nonresidents. Service of process, §22-2-107. Notice, §22-2-102. Newspaper advertisement as to original location of highway, §22-2-109. Oath of special masters, §22-2-105. Forms, §22-2-105. Order for parties to appear before special master, §22-2-102. Panel. Award, §22-2-110. Incorporation into judgment, §22-2-111. Panel of assessors. Notice, §22-2-108.1. Powers and duties, §22-2-108.1. Selection, §22-2-108.1. Petitioning superior court for judgment in rem, §§22-2-102, Contents, §22-2-102.2. Powers generally, §22-2-108. Probate courts. Service of process on judges, §22-2-107. Publication. Service of notice on nonresidents, §22-2-107. Qualifications of special masters, §22-2-103. Record of proceedings. Award to become part of, §22-2-110. Separate and distinct parcels. Right of owners to file separate appeals, §22-2-113. Service in lieu of board of assessors, §22-2-108. Service of notice, §22-2-102. Service of process, §22-2-107. Superior courts. Appeals to jury in superior court. Discrepancy between award and verdict of jury, §22-2-113.

EMINENT DOMAIN - Cont’d Special masters - Cont’d Superior courts - Cont’d Appeals to jury in superior court - Cont’d Effect of payment on right of appeal, §22-2-113. Execution upon award or judgment, §22-2-113. Generally, §22-2-112. Incorporation of award into judgment of court, §22-2-111. Separate appeals by owners of separate and distinct parcels, §22-2-113. Use of findings and award in subsequent appeal, §22-2-110. Appointment of special masters, §22-2-103. Jury trial on issue of just and adequate compensation. Right of condemnee to, §22-2-112. Petitioning superior court for judgment in rem, §§22-2-102 to Unborn remaindermen. Service of process, §22-2-107. Unknown persons. Service of process, §22-2-107. Verdict of jury. On appeal of award. Discrepancy between award and verdict, §22-2-113. Statement of condemnee’s rights. Served with notice of condemnee’s rights, §22-1-10. Superior courts, §§22-2-130 to Affidavit stating condemnees not in opposition to condemnation. No hearing required, §22-2-132. Appeal from assessor’s award, §22-2-136. Assessors. Appeal from assessors’ award, §22-2-136. Appeal to jury in superior court, §22-2-80. Effect of payment or acceptance on right to appeal, §22-2-82. Effect on condemnor’s right to use property, §22-2-81. Appointment, §22-2-135. Selection of assessor by clerk, §22-2-41.

INDEX EMINENT DOMAIN - Cont’d Superior courts - Cont’d Assessors - Cont’d Selection of third assessor upon failure of parties to select, §22-2-42. Award. Appeals, §22-2-136. Deposit into court. Power to adjudge condemnation of title upon, §22-2-138. Disposition by court, §22-2-138. Factors considered in determining or estimating compensation, §22-2-137. Filing and recording, §22-2-141. Molding, §22-2-138. Scope, §22-2-138. Cause to proceed as in rem, §22-2-132. Date of taking, §22-2-137. Deposit of amount of award or verdict into court, §22-2-138. Disposition of award, §22-2-138. Electric power plants. Right to flood roads and highways, §22-3-44. Rights of condemnor pending appeal, §22-3-45. Fees. Payment to clerk of superior court, §22-2-141. Highways. Approval of original location or date of approval. Inclusion of date in petition, §22-2-137. Newspaper advertisement, §22-2-137. Intent of article, §22-2-142. Intervention, §22-2-139. Jury trial. Appeal from assessors’ award, §22-2-136. Deposit of amount of award or verdict into court. Power to adjudge condemnation of title upon, §22-2-138. Discretion to have issues tried in first instance by jury, §22-2-135. Molding of verdict, §22-2-138. Scope of verdict, §22-2-138. No hearing required. Affidavit stating condemnees not in opposition to condemnation attached to petition, §22-2-132.

EMINENT DOMAIN - Cont’d Superior courts - Cont’d Notice. Additional notice or service, §22-2-134. Directions for notice and service, §22-2-132. Newspaper advertisement as to original location of highway, §22-2-137. Taxes due on property or interest, §22-2-140. Order to appear, §22-2-132. Other methods of condemnation. Intent of article regarding, §22-2-142. Petitions for judgment in rem. Authority, §22-2-130. Contents, §22-2-131. Public property. Applicability of article to acquisition of, §22-2-130. Recording of award, decree and description of condemned property or interest, §22-2-141. Res judicata. Effect of subsequent proceedings on rights of condemnor, §22-2-139. Service of process, §22-2-133. Additional notice or service, §22-2-134. Notice, §22-2-132. Special masters. Appeals to jury in superior court. Discrepancy between award and verdict of jury, §22-2-113. Effect of payment on right of appeal, §22-2-113. Execution upon award or judgment, §22-2-113. Generally, §22-2-112. Incorporation of award into judgment of court, §22-2-111. Separate appeals by owners of separate and distinct parcels, §22-2-113. Use of findings and award in subsequent appeal, §22-2-110. Appointment of special masters, §22-2-103. Jury trial on issue of just and adequate compensation. Right of condemnee to, §22-2-112. Petitioning superior court for judgment in rem, §§22-2-102, Contents, §22-2-102.2.

INDEX EMINENT DOMAIN - Cont’d Superior courts - Cont’d Subsequent proceedings on rights of condemnor, §22-2-139. Tax collector or tax commissioner. Notification of tax collector or tax commissioner, §22-2-134. Notification of taxes due on property, §22-2-140. Tax liens. Actions by court to discharge, §22-2-140. Verdict. Deposit of amount into court. Power of judge to adjudge condemnation of title upon deposit, §22-2-138. Molding, §22-2-138. Scope, §22-2-138. Surrender of property before payment of purchase price or deposit with court. Prohibition, §22-1-9. Telephone and telegraph companies. Lines along railroad rights of way, §§22-3-1 to 22-3-4. Assessors. Form of findings, §22-3-3. Hearings, §22-3-4. Evidence upon which findings may be based, §22-3-4. Hearings before assessors, §22-3-4. Location of proceedings, §22-3-3. Necessity for only one proceeding, §22-3-3. Notice. Direction and contents, §22-3-1. Manner of service, §22-3-2. Venue of proceedings, §§22-3-3, Assessor’s hearing, §22-3-4. Time for bringing action, §22-1-10.1. Valuation of condemned property, §22-1-14. Waiver of condemnee’s rights, §22-1-10. War. Nature of right, §22-1-2. Watershed projects, flood-control projects, etc., by counties, §§22-3-100 to 22-3-102. Authority to exercise power, §22-3-100. Procedure, §22-3-101. Requirement fee simple title be flooded permanently, §22-3-102.

EMINENT DOMAIN - Cont’d Waterworks and sanitary sewage systems, §§22-3-60 to 22-3-63. Applicability of article, §22-3-62. Authority to lease, purchase or condemn property or receive donation, §22-3-60. Condemnation requirements for nongovernmental entities, §22-3-63. Procedure, §22-3-61. ENCUMBRANCES. Discharge affecting several interests. Equitable interference, §23-2-73. EQUITY, §§23-1-1 to 23-4-38. Accident and mistake, §§23-2-20 to Accidents relievable in equity, §23-2-20. Agents. Mistake of law by draftsman or other agent, §23-2-23. Cancellation upon unilateral mistake of fact, §23-2-31. Contracting parties. Mistake of law in instrument, §23-2-22. Conveyances. Form contrary to intent, §23-2-25. Defective execution of power, §23-2-26. Diligence. Failure to exercise, §23-2-29. Draftsman. Mistake of law, §23-2-23. Execution of contract. In case of mistake. Distinguished from reformation, §23-2-30. Execution of power, §23-2-26. Failure to exercise diligence, §23-2-29. Form of conveyance contrary to intent, §23-2-25. Ignorance of law, §23-2-27. Absent fraud, §23-2-29. Mutual ignorance, §23-2-28. Interference of equity not authorized. Failure to exercise diligence, §23-2-29. Ignorance of fact. Absent fraud, §23-2-29. Mere ignorance of law, §23-2-27. Mistake in judgment of value, §23-2-28.

INDEX EQUITY - Cont’d Accident and mistake - Cont’d Interference of equity not authorized - Cont’d Mutual ignorance of fact, §23-2-28. Volunteers in general, §23-2-33. Judgment of value, §23-2-28. Mistake, §23-2-28. Power exercised cautiously, §23-2-21. Mistake of law or fact, §23-2-21. Draftsman or other agent, §23-2-23. Effect of instrument on part of contracting parties, §23-2-22. Rescission for unilateral mistake, §23-2-31. When relieved, §§23-2-21, 23-2-24. Mistakes relievable in equity generally, §23-2-21. Negligence of complaining party preventing relief, §23-2-32. When negligent complainant granted relief, §23-2-32. Original parties. Relief against, §23-2-34. Privies. Relief against, §23-2-34. Reforming contract in case of mistake. Distinguished from execution of contract, §23-2-30. Rescission. Unilateral mistake of fact, §23-2-31. Value. Mistake in judgment, §23-2-28. Volunteers. Interference of equity not authorized generally, §23-2-33. When mistake of fact relieved, §23-2-24. When negligent complainant granted relief, §23-2-32. Which accidents relievable in equity, §23-2-20. Accounting of funds, goods, etc., §§23-2-70 to 23-2-76. Apportionment of contract, rent or hire, §23-2-72. Contribution entitlement, §23-2-71. Discovery, §23-2-70. Encumbrances affecting several interests. Discharge, §23-2-73. Mingled property. Burden of distinguishing, §23-2-74. Offer to pay balance unnecessary, §23-2-75.

EQUITY - Cont’d Accounting of funds, goods, etc. - Cont’d Scope of equity jurisdiction, §23-2-70. Setoff, §23-2-76. Adequate and complete legal remedy. Effect on equity jurisdiction, §23-1-4. Administration of assets, §§23-2-90 to Application of representative. Interference by equity, §23-2-91. Construction and direction. Interference by equity, §23-2-91. Wills, §23-2-92. Creditors’ petitions, §23-2-95. Decedents’ estates. Marshaling assets, §23-2-93. Disposition of assets. Joint and individual assets, §23-2-98. Time limit for intervention, §23-2-97. Distribution of assets. Legal and equitable assets, §23-2-90. Equitable assets. Defined, §23-2-90. When assets reached by creditor, §23-2-96. Individual assets. Application, §23-2-98. Intervention in case disposing of assets. Time limit, §23-2-97. Joint assets. Application, §23-2-98. Legal assets. Defined, §23-2-90. Marshaling assets. Compelled election, §23-2-94. Decedents’ estates, §23-2-93. Orders in cases disposing of assets. Publication, §23-2-97. Publication of order in case disposing of assets, §23-2-97. Rules of distribution, §23-2-90. Time limit for intervention in case disposing of assets, §23-2-97. When equitable assets may be reached by creditors, §23-2-96. When equity will interfere, §23-2-91. Wills. Application for direction or construction, §23-2-92. Ancillary extraordinary remedies, §23-3-3.

INDEX EQUITY - Cont’d Ancillary to law, §23-1-6. Attachments against persons for contempt, §§23-4-37, 23-4-38. Attachments against property, §23-4-31. Bills of peace, §23-3-110. Bona fide purchaser. Interference with, §23-1-20. Protection, §23-1-19. Bonds, surety. Payment of lost bonds, §23-2-3. Business court, state-wide. Jurisdiction vested in, §23-1-1. Claim of legal and equitable relief by defendant, §23-4-3. Clean hands doctrine. Who would have equity must do equity, §23-1-10. Clerks of court. Ex parte. Proceedings or in execution of protective powers. Transmittal of proceedings to clerk, §23-4-5. Complainants in equity. Who may complain, §23-4-20. Complete justice, §23-1-7. Compulsion to elect benefits, §23-1-24. Compulsion to litigate, §23-1-21. Concurrent jurisdiction of law and equity, §23-1-5. Conditions. Construction, §23-1-23. Consideration. Setting aside sale or contract for inadequate consideration, §23-2-2. Considers done what ought to be done, §23-1-8. Consolidation of actions, §23-4-1. Construction of conditions, §23-1-23. Contempt. Enforcement of decree or order, §23-4-37. Enforcement of extraordinary remedies, §23-4-38. Contracts. Inadequate consideration, §23-2-2. Conveyances. Annulment for fraud, §23-2-60. Costs. Interpleader, §23-3-90. Creditors. Interference with creditor, §23-1-22.

EQUITY - Cont’d Debtors and creditors. Interference with creditor. In prosecution of legal remedies, §23-1-22. Decrees, §§23-4-30 to 23-4-38. Attachments against person for contempt, §23-4-37. Enforcement of extraordinary remedies, §23-4-38. Attachments against property, §23-4-37. Contempt. Attachments against person, §23-4-37. Enforcement of extraordinary remedies, §23-4-38. Contracts, §23-4-33. Enforcement, §23-4-31. Entry, §23-4-30. Executions against property, §23-4-37. Extraordinary remedies. Enforcement, §23-4-38. Guardian ad litem. Consent, §23-4-33. Guardians. Consent, §23-4-33. Interlocutory decrees and orders, §23-4-34. Liens, §23-4-36. Molding, §23-4-31. Nature, §23-4-30. Property outside jurisdiction, §23-4-32. Sales. Confirmation, §23-4-35. Signature, §23-4-30. Transferability, §23-4-36. Wills, §23-4-33. Defendant’s extraordinary remedies, §23-3-4. Delays rendering ascertainment of truth difficult. Laches, §23-1-25. Diligence. Failure to exercise, §23-2-29. Discovery. Equity jurisdiction over matters of account, §23-2-70. Distribution of equitable assets. Equality is equity, §23-1-9. Effect of legal remedy on exercise of jurisdiction, §23-1-4. Election between benefits, §23-1-24. Equal equities. Law prevails, §23-1-11.

INDEX EQUITY - Cont’d Equal fault, §23-1-15. Equality is equity. In distribution of equitable assets, §23-1-9. Equitable interpleader, §§23-3-90 to Equitable remedies and proceedings. Bills of peace, §23-3-110. Claim of legal relief and equitable relief by defendant, §23-4-3. Equitable interpleader, §§23-3-90 to Equitable remedies applied, §23-3-1. Equitable rights given effect, §23-3-1. Equitable setoff, §23-2-76. General provisions, §§23-3-1 to 23-3-4, 23-4-1 to 23-4-5. Grounds for relief. Accident and mistake generally, §§23-2-20 to 23-2-34. Accounting of funds, goods, etc., generally, §§23-2-70 to 23-2-76. Fraud generally, §§23-2-50 to Powers of appointment, sale, etc., §§23-2-110 to 23-2-120. Specific performance generally, §§23-2-130 to 23-2-136. Ne exeat, §§23-3-20 to 23-3-25. Parties, §23-4-20. Quia timet. Conventional quia timet, §§23-3-40 to 23-3-42. Quia timet against all the world, §§23-3-60 to 23-3-73. Ex parte proceedings, §23-4-4. Receipt of and action on petition, §23-4-5. Transmittal of proceedings to clerk, §23-4-5. Extraordinary remedies. Ancillary extraordinary remedies, §23-3-3. Decrees. Enforcement, §23-4-38. For defendant, §23-3-4. How claimed, §23-4-2. Fault. Parties equally at fault, §23-1-15. Party’s fault unequal, §23-1-15. Follows analogy of law. Where no rule directly applicable, §23-1-6.

EQUITY - Cont’d Follows the law, §23-1-6. Where rule of law applicable, §23-1-6. Forcing persons to litigate, §23-1-21. Forfeitures. Relief against forfeitures, §23-1-23. Fraud, §§23-2-50 to 23-2-60. Actual fraud, §23-2-51. Annulment of conveyances for fraud, §23-2-60. Concurrent jurisdiction over fraud, §23-2-50. Confidential relations. Acquisition of antagonistic rights by one in confidential relationship, §23-2-59. Defined, §23-2-58. Constructive fraud, §23-2-51. Consummation of fraud, §23-2-56. Jurisdiction. Concurrent jurisdiction over fraud, §23-2-50. Legal fraud. Misrepresentation, §23-2-52. Misrepresentation as legal fraud, §23-2-52. Proving existence, §23-2-57. Suppression of fact, §23-2-53. Surprise as a form of fraud, §23-2-54. Trademarks, names or devices. Use of similar trademarks, names or devices, §23-2-55. Full relief to all parties before court, §23-1-7. General provisions, §§23-1-1 to Grounds for equitable relief. Accident and mistake generally, §§23-2-20 to 23-2-34. Accounting of funds, goods, etc., generally, §§23-2-70 to 23-2-76. Administration of assets generally, §§23-2-90 to 23-2-98. Bonds. Payment of lost bonds, §23-2-3. Consideration. Inadequate consideration, §23-2-2. Contracts for inadequate consideration. Setting aside, §23-2-2. Exercise of powers of appointment, sale, etc., §§23-2-110 to 23-2-120. Fraud generally, §§23-2-50 to 23-2-60. How relief claimed, §23-3-2. Inadequate consideration, §23-2-2.

INDEX EQUITY - Cont’d Grounds for equitable relief - Cont’d Jurisdiction, §23-1-3. Negotiable securities. Payment of lost notes, §23-2-3. Nonperformance of contract, §§23-2-130 to 23-2-136. Powers of appointment, sale, etc., §§23-2-110 to 23-2-120. Sales for inadequate consideration. Setting aside, §23-2-2. Specific performance generally, §§23-2-130 to 23-2-136. How equitable relief claimed, §23-3-2. How extraordinary remedies claimed, §23-4-2. Ignorance due to negligence, §23-1-17. Ignorance of fact. When equitable interference not authorized. Absent fraud, §23-2-29. Mutual ignorance, §23-2-28. Ignorance of law. When equitable interference not authorized. Mere ignorance, §23-2-27. Inadequate consideration. Setting aside sale or contract, §23-2-2. Injunctions. Bill of peace. Ancillary injunction, §23-3-110. Enforcement of extraordinary remedies, §23-4-38. Innocent persons suffering from act of third party. Who bears loss from act of third party, §23-1-14. Interference with bona fide purchaser, §23-1-20. Interpleader, §§23-3-90 to 23-3-92. Attorneys’ fees, §23-3-90. Collateral interpleader, §23-3-92. Costs, §23-3-90. Petition. Verification, §23-3-91. When compelled, §23-3-90. Jurisdiction. Concurrent jurisdiction of law and equity, §23-1-5. Fraud, §23-2-50. Effect of legal remedy on exercise, §23-1-4. Grounds, §23-1-3.

EQUITY - Cont’d Jurisdiction - Cont’d Matters of account, §23-2-70. Powers, especially of appointment, §23-2-110. Scope and modes of remedy, §23-1-2. Vested in superior courts and state-wide business court, §23-1-1. Legal remedies applied, §23-3-1. Claim of legal relief and equitable relief by defendant, §23-4-3. Effect on exercise of jurisdiction, §23-1-4. Legal rights given effect, §23-3-1. Lis pendens. Pending action as notice, §23-1-18. Effect on purchaser, §23-1-18. Marshaling assets. Decedents’ estates, §23-2-93. Equitable interference in administration of estates, §23-2-91. Compelled election, §23-2-94. Decedents’ estates, §23-2-93. Misled party superior, §23-1-12. Misrepresentation. Legal fraud, §23-2-52. Mistake. Accident and mistake, §§23-2-20 to Modes of remedy, §23-1-2. Mutual accounts growing out of privity of contract. Equity jurisdiction over matters of account, §23-2-70. Nature of equity, §23-1-6. Considers done what ought to be done, §23-1-8. Equality, §23-1-9. Seeks to do justice, §23-1-7. Who would have equity must do equity, §23-1-10. Ne exeat, §§23-3-20 to 23-3-25. Bond of complainant, §23-3-22. Bond of defendant, §23-3-23. Officer taking insufficient security, §23-3-23. Contempt. Enforcement of extraordinary remedies, §23-4-38. Disposition of property, §23-3-24. Enforcement of extraordinary remedies, §23-4-38. Equity jurisdiction over matters of account, §23-2-70.

INDEX EQUITY - Cont’d Ne exeat - Cont’d Issuance without judge’s sanction, §23-3-25. Nature, §23-3-20. Showing required, §23-3-21. Verification of petition or motion, §23-3-22. When granted, §23-3-20. Negligence. Ignorance of fact due to negligence, §23-1-17. Negotiable instruments. Payment of lost bonds or notes, §23-2-3. Nonperformance of contract. Specific performance generally, §§23-2-130 to 23-2-136. Notes. Payment of lost notes, §23-2-3. Notice. Sale by one without notice, §23-1-19. Sale to one without notice, §23-1-19. Taking with notice of equity, §23-1-16. Pending actions as notice, §23-1-18. Scope of notice, §23-1-17. Orders. Interlocutory orders, §23-4-34. Parties misled have superior equity, §23-1-12. Parties who may complain in equity, §23-4-20. Partnership accounting. Equity jurisdiction, §23-2-70. Pending action as notice of equity, §23-1-18. Pleadings. Claim of legal and equitable relief by defendant, §23-4-2. Extraordinary remedies. How claimed, §23-4-2. Powers of appointment, sale, etc., §§23-2-110 to 23-2-120. Bona fide purchasers. Affect of release, relinquishment or covenant as to exercise of power of appointment, §23-2-119. Collusive execution. When equity may relieve against, §23-2-113. Discretionary powers. Exercise not compellable generally, §23-2-111. Execution of powers. Faithful execution compellable, §23-2-112.

EQUITY - Cont’d Powers of appointment, sale, etc. - Cont’d Execution of powers - Cont’d Relief against collusive, illusory, mistaken or defective executions, §23-2-113. Exercise by successor administrator, trustee or guardian, §23-2-116. Faithful execution of power compellable, §23-2-112. Fiduciaries. Affect of release, relinquishment or covenant as to exercise of power of appointment, §23-2-119. Illusory appointment. When equity may relieve against, §23-2-113. Jurisdiction over powers, §23-2-110. Mistaken or defective executions. When equity may relieve against, §23-2-113. Powers of appointment. Covenant as to exercise, §23-2-117. Delivery of recordation, §23-2-118. Provisions declaratory of existing law, §23-2-120. When fiduciaries or bona fide purchasers affected, §23-2-119. Writing required, §23-2-118. Exercise of discretionary powers not compellable generally, §23-2-111. Release or relinquishment of power, §23-2-117. Delivery or recordation, §23-2-118. Sections declaratory of existing law, §23-2-120. When fiduciaries or bona fide purchasers affected, §23-2-119. Writing required, §23-2-118. Writing required, §23-2-118. Powers of sale. Construed strictly, §23-2-114. Exercise after death, §23-2-114. Exercise by personal representative, transferee, etc., §23-2-114. Manner of sale, §23-2-114. When private sale authorized, §23-2-115. Private sale, §23-2-115. Public sales, §23-2-114. Successor administrator, trustee or guardian. Exercise by, §23-2-116.

INDEX EQUITY - Cont’d Powers of appointment, sale, etc. - Cont’d Recordation. Release, relinquishment or covenant as to exercise of power of appointment, §23-2-118. Prohibition. Enforcement of extraordinary remedies, §23-4-38. Protective powers over trust estates or estates of wards of equity. Execution, §23-4-4. Receipt of and action on petition, §23-4-5. Transmittal of proceedings to clerk, §23-4-5. Purchasers pending final outcome of litigation. Affect of decree rendered, §23-1-18. Quia timet, §§23-3-40 to 23-3-73. Against all the world, §§23-3-60 to Adverse pleading, §23-3-65. Compensation of master and representative taxed as, §23-3-68. Cumulative nature of remedy, §23-3-72. Decree, §23-3-67. Disinterested representative. Appointment, §23-3-65. Compensation, §23-3-68. Enforcement, standing, §23-3-73. Evidence, §23-3-64. Guardian ad litem. Appointment, §23-3-65. Compensation, §23-3-68. Intervention after entering of decree, §23-3-69. Joinder, §23-3-70. Jury trial, §23-3-66. Liberal construction, §23-3-71. Lis pendens docket. Filing in, §23-3-62. Notice for record in lis pendens docket, §23-3-62. Notice of filing of evidence with special master, §23-3-65. Petitions, §23-3-62. Publication. Service by, §23-3-65. Purposes, §23-3-60. Recordation of decree, §23-3-67. Service of process, §23-3-65.

EQUITY - Cont’d Quia timet - Cont’d Against all the world - Cont’d Special masters. Compensation, §23-3-68. Jurisdiction, §23-3-66. Submission to, §23-3-63. Standing, municipalities, counties, housing authorities, §23-3-73. Venue, §23-3-62. Who may bring proceedings, §23-3-61. Cloud on title. What constitutes, §23-3-42. When removable, §23-3-42. Costs, §23-3-41. Purpose, §23-3-40. Removal of cloud on title, §23-3-42. Special masters. Conventional quia timet, §23-3-43. Quia timet against all the world, §§23-3-63 to 23-3-68. When relief granted, §23-3-41. Relief. How claimed, §23-3-2. Sale by one without notice, §23-1-19. Sale to one without notice, §23-1-19. Scope of jurisdiction, §23-1-2. Securities. Payment of lost bonds or negotiable securities, §23-2-3. Seeks to do justice, §23-1-7. Specific performance, §§23-2-130 to Damages or delivery of specific personalty, §23-2-136. Damages when specific performance impossible, §23-2-135. Gratuitous promises. Enforcement, §23-2-132. Inadequacy of compensation. When decreed generally, §23-2-130. Inadequacy of price. Refusal of decree, §23-2-133. Parol contract for land. Sufficient part performance, §23-2-131. When decreed, §23-2-131. Specific personalty, §23-2-136. Unfair, unjust or against good conscience. Refusal of decree, §23-2-133. Vendor’s ability to comply, §23-2-134. Voluntary agreements. Enforced, §23-2-132.

INDEX EQUITY - Cont’d Specific performance - Cont’d When decreed generally, §23-2-130. Superior courts. Jurisdiction vested in, §23-1-1. Suppression of fact. Fraud, §23-2-53. Surprise. Form of fraud, §23-2-54. Taking with notice of equity, §23-1-16. Taxpayer protection against false claims, §§23-3-120 to 23-3-127. Tenant in common accounting. Equity jurisdiction, §23-2-70. Third parties. Who bears loss from act of, §23-1-14. Time. Superior diligence to time creates unequal equities, §23-1-11. Trademarks and service marks. Use of similar marks as fraud, §23-2-55. Trade names. Use of similar names as fraud, §23-2-55. Trusts. Jurisdiction over accounts, §23-2-70. Unclean hands. Fault unequal, §23-1-15. Who would have equity must do equity, §23-1-10. Unconscionability. Setting aside sale or contract for inadequate consideration, §23-2-2. Unequal equities. Superior equity prevails, §23-1-11. Unequal fault, §23-1-15. Volunteer’s equity inferior, §23-1-13. Who would have equity must do equity, §23-1-10. Wills. Application for direction or construction, §23-2-92. ESTATES FOR YEARS. Discharge of encumbrances affecting several interests. Equitable interference, §23-2-73. Equity. Discharge of encumbrances affecting several interests, §23-2-73. EVIDENCE. Eminent domain. Proceeding before assessors, §22-2-62.

EVIDENCE - Cont’d Eminent domain - Cont’d Telegraph and telephone lines along railroad rights of way. Evidence upon which findings may be based, §22-3-4. Valuation of condemned property, determination, §22-1-14. Expert witnesses. Eminent domain. Just and adequate compensation, §22-1-14. Opinion. Expert witnesses. Eminent domain. Just and adequate compensation, §22-1-14. Quia timet against all the world, §23-3-64. Telegraph and telephone lines along railroad rights of way. Eminent domain proceedings, §22-3-4. Witnesses. Eminent domain. Expert witnesses. Just and adequate compensation, §22-1-14. Expert witnesses. Eminent domain. Just and adequate compensation, §22-1-14. EXEAT. Ne exeat, §§23-3-20 to 23-3-25. EXECUTIONS. Decrees, §23-4-37. Eminent domain. Proceeding before assessors. Issuance, §22-2-83. Proceeding before special masters, §22-2-113. Equity procedure, §23-4-37. EXECUTORS AND ADMINISTRATORS. Confidential relations. Defined, §23-2-58. EX PARTE PROCEEDINGS. Equitable procedure, §23-4-5. Receipt of and action on petition, §23-4-5. Transmittal of proceedings to clerk, §23-4-5.

INDEX EXPERT WITNESSES. Eminent domain. Valuation of condemned property, determination, §22-1-14. F FACTORIES. Eminent domain. Electric power plants. Condemnation of factories, §22-3-22. FALSE CLAIMS. Taxpayer protection against false claims, §§23-3-120 to 23-3-127. FEDERAL AID. Eminent domain. Relocation assistance and land acquisition. General provisions, §§22-4-1 to Public works. Relocation assistance and land acquisition. General provisions, §§22-4-1 to FEES. Eminent domain. Proceeding before superior courts. Payment to clerk, §22-2-141. FIDUCIARIES. Confidential relations. Defined, §23-2-58. FLOODS. Electric power plants. Eminent domain. Right to flood roads and highways, §§22-3-40 to 22-3-47. Eminent domain. Electric power plants. Right to flood roads and highways, §§22-3-40 to 22-3-47. Watershed projects, flood-control projects, etc., by counties, §§22-3-100 to 22-3-102. Authority of counties, §22-3-100. Permanent flooding required, §22-3-102. Procedures, §22-3-101. Watershed projects. Eminent domain by counties, §§22-3-100 to 22-3-102. FORFEITURES. Equity. Relief against forfeitures, §23-1-23.

FORMS. Eminent domain. Proceeding before assessors. Findings by assessors, §22-2-64. Proceeding before special masters. Appointment of special masters, §22-2-104. Award of special masters, §22-2-110. Oath of special masters, §22-2-105. FRAUD AND DECEIT. Acquisition of antagonistic rights. One in confidential relationship, §23-2-59. Actual fraud, §23-2-51. Burden of proof. Proving existence, §23-2-57. Communications. Obligation to communicate. Suppression of material fact, §23-2-53. Confidential relations. Acquisition of antagonistic rights by one in confidential relationship, §23-2-59. Defined, §23-2-58. Constructive fraud, §23-2-51. Consummation of fraud, §23-2-56. Conveyances. Annulment of conveyances for fraud, §23-2-60. Equity, §§23-2-50 to 23-2-60. Actual fraud, §23-2-51. Annulment of conveyances for fraud, §23-2-60. Concurrent jurisdiction over fraud, §23-2-50. Confidential relations. Acquisition of antagonistic rights by one in confidential relationship, §23-2-59. Defined, §23-2-58. Constructive fraud, §23-2-51. Consummation of fraud, §23-2-56. Jurisdiction. Concurrent jurisdiction over fraud, §23-2-50. Legal fraud. Misrepresentation, §23-2-52. Proving existence, §23-2-57. Suppression of fact, §23-2-53. Surprise as a form of fraud, §23-2-54. Trademarks, names or devices. Use of similar trademarks, names or devices, §23-2-55.

INDEX FRAUD AND DECEIT - Cont’d Existence of fraud. Proving, §23-2-57. False claims. Taxpayer protection against false claims. Conduct constituting false claim, §23-3-121. Generally, §§23-3-120 to 23-3-127. Jurisdiction. Concurrent jurisdiction of law and equity, §23-2-50. Legal fraud. Misrepresentation, §23-2-52. Presumptions. Fraud may not be presumed, §23-2-57. Proving existence, §23-2-57. Suppression of fact, §23-2-53. Surprise as a form of fraud, §23-2-54. Taxpayer protection against false claims. Conduct constituting false claims, §23-3-121. Generally, §§23-3-120 to 23-3-127. Trademarks and service marks. Use of similar marks as fraud, §23-2-55. Trade names. Use of similar names as fraud, §23-2-55. G GAS. Eminent domain. Declaration of taking method. Authorization to utilize, §22-3-140. Petroleum pipelines and gas pipelines, §§22-3-80 to 22-3-95. Certificate of public convenience and necessity. Application for certificate, §22-3-83. Considerations in granting, §22-3-83. Public notice of application, §22-3-83. Required, §22-3-82. Review of decision to issue or deny, §22-3-83. Rules and regulations required to be promulgated prior to issuance of certificates, §22-3-83.

GAS - Cont’d Eminent domain - Cont’d Petroleum pipelines and gas pipelines - Cont’d Condemnation procedures, use authorized, §22-3-85. Definitions, §22-3-80. Natural or artificial gas pipelines, §22-3-95. Notice to landowner prior to initiating proceedings, §22-3-84. Right to acquire property by eminent domain, §22-3-81. GENERAL ASSEMBLY. Eminent domain. Manner of exercising right, §22-1-4. Power to determine when right may be exercised, §22-1-3. GEORGIA RELOCATION ASSISTANCE AND LAND ACQUISITION POLICY ACT. General provisions, §§22-4-1 to Short title, §22-4-1. GEORGIA TAXPAYER PROTECTION FALSE CLAIMS ACT, §§23-3-120 to 23-3-127. GOOD CONSCIENCE. Fraud as actual or constructive. Constructive fraud as acts contrary to good conscience, §23-2-51. Inadequacy of price. Unfair or unjust contracts, §23-2-133. Specific personalty. Action for specific performance or delivery, §23-2-136. GOOD FAITH. Confidential relations. Defined, §23-2-58. Eminent domain. Relocation assistance and land acquisition. Exercise of powers granted by municipal corporations, §22-4-11.1. GRANTEES. Executors and administrators. Powers of sale. Who may exercise, §23-2-114. GRANTORS. Executors and administrators. Power of sale. Exercise after grantor or donor’s death, §23-2-114.

INDEX HEARINGS - Cont’d Eminent domain - Cont’d Proceeding before assessors. Fixing of time, §22-2-60. Proceeding before special masters, §22-2-102. Public use, petition to condemn blighted property for, §22-1-15.

GUARDIANS. Confidential relations. Defined, §23-2-58. Decrees. Consent, §23-4-33. Eminent domain. Assessors. Service of notice upon guardian. Minor or person under disability owner of property, §22-2-21. Nonresident guardian, §22-2-23. Special masters. Guardian ad litem. Appointment, minor or person under disability owner of property, §22-2-107. Service of notice on guardian. Minor or person under disability owner of property, §22-2-107. Power of sale. Exercise by successor guardian, §23-2-116. Sale of trust property on premises. Power of sale. Exercise by successor guardian, §23-2-116. GUARDIANS AD LITEM. Decrees. Consent, §23-4-33. Eminent domain. Proceeding before assessors. Appointment to represent minors, §22-2-21. Special masters. Appointment, minor or person under disability owner of property, §22-2-107. Quia timet against all the world. Appointment of disinterested representative, §23-3-65. Compensation, §23-3-68. H HEARINGS. Eminent domain. Electric transmission lines, construction. Lines with operating voltage of 115 kilovolts or greater. Public meetings required, notice, exceptions, §§22-3-160,

HIGHWAYS, ROADS AND STREETS. Closing of public road or highway. Electric power plants. Right to flood roads and highways, §§22-3-40 to 22-3-47. Electric power plants. Eminent domain. Right to flood roads and highways, §§22-3-40 to 22-3-47. Eminent domain. Consequential damages to remaining property or interest, §§22-2-109, Electric power plants. Right to flood roads and highways, §§22-3-40 to 22-3-47. Proceeding before special masters. Date of approval of original location of highway. Inclusion in petition, §22-2-109. Newspaper advertisements as to original location, §22-2-109. Proceeding before superior courts. Original location of highway. Inclusion of date of approval and petition, §22-2-137. Newspaper advertisement, §22-2-137. Value of land actually taken. Fixing, §§22-2-109, 22-2-137. Floods. Electric power plants. Right to flood roads and highways, §§22-3-40 to 22-3-47. Relocation assistance. General provisions, §§22-4-1 to HOUSING. Eminent domain. Relocation assistance. General provisions, §§22-4-1 to Relocation assistance. Eminent domain. General provisions, §§22-4-1 to

INDEX HOUSING PROJECTS. Eminent domain. Housing authorities. Special masters. General provisions, §§22-2-100 to Housing authorities. Eminent domain. Special masters. General provisions, §§22-2-100 to HYDROELECTRIC PLANTS. Eminent domain. Electric power plants, §§22-3-20 to I IGNORANCE OF FACT. When equitable interference not authorized. Absent fraud, §23-2-29. Mutual ignorance of fact, §23-2-28. IGNORANCE OF LAW. When equitable interference not authorized. Mere ignorance, §23-2-27. INCAPACITATED OR INCOMPETENT PERSONS. Eminent domain. Notice to persons under disability, §22-2-21. Proceeding before assessors. Manner of payment where person under disability without a legal representative, §22-2-86. Proceeding before special masters. Service of process, §22-2-107. Proceeding before assessors. Notice where owner under disability, §22-2-21. Quia timet against all the world. Appointment of disinterested person for persons under disability, §23-3-65. Compensation, §23-3-68. Service of process. Eminent domain. Proceeding before special masters. Service on persons laboring under disabilities, §22-2-107.

IN CHAMBERS. Equity procedure. Receipt of and action on petitions, §23-4-5. INJUNCTIONS. Bill of peace. Perpetual injunction ancillary, §23-3-110. Contempt. Enforcement of extraordinary remedies, §23-4-38. Decrees. Enforcement of extraordinary remedies, §23-4-38. Equity. Bill of peace. Ancillary injunction, §23-3-110. Enforcement of extraordinary remedies, §23-4-38. INSPECTIONS. Eminent domain. Proceeding before special masters. Reasonable time for master to inspect premises, §22-2-106. INSURRECTION OR REBELLION. Eminent domain. Nature of right, §22-1-2. INTERPLEADER. Collateral interpleader. Equitable interpleader, §23-3-92. Equitable interpleader, §§23-3-90 to Attorneys’ fees, §23-3-90. Collateral interpleader, §23-3-92. Costs, §23-3-90. Verification of petition, §23-3-91. When compelled, §23-3-90. INTERPRETATION AND CONSTRUCTION. Eminent domain. Electric power plants. Right to flood roads and highways. Actions of property owners and public utilities, §22-3-47. Exclusive nature of title, §22-1-8. Proceeding before superior courts. Applicability of article to public property, §22-2-130. Intent of article regarding effect on other methods of condemnation, §22-2-142.

INDEX INTERPRETATION AND CONSTRUCTION - Cont’d Eminent domain - Cont’d Relocation assistance and land acquisition. Applicability of eminent domain general definitions to chapter, §22-4-3. Effect of chapter on condemnation proceedings, §22-4-14. Effect of chapter on power of taxation, §22-4-12. Waterworks and sanitary sewage systems. Applicability of article, §22-3-62. Equity. Conditions, §23-1-23. Power of sale. Strict construction, §23-2-114. Quia timet against all the world. Cumulative effect of remedy, §23-3-72. Liberal construction of part, §23-3-71. Sales. Power of sale. Strict construction, §23-2-114. Sewage systems. Eminent domain. Applicability of article, §22-3-62. Taxpayer protection against false claims. Construction of act to promote public interest, §23-3-126. Water systems. Eminent domain. Applicability of article, §22-3-62. INTERROGATORIES. Taxpayer protection against false claims. Civil investigative demand, §23-3-125. INTERVENTION. Eminent domain. Proceeding before superior courts, §22-2-139. Equitable disposition of assets. Time limitation, §23-2-97. Quia timet against all the world, §23-3-69. Taxpayer protection against false claims. Intervention in action by governmental entity, §§23-3-122, INVERSE CONDEMNATION. Litigation expenses, §22-4-8.

INVERSE CONDEMNATION - Cont’d Relocation assistance, §§22-4-7, INVESTIGATIONS. Taxpayer protection against false claims. Civil investigative demands, §23-3-125. Investigations by attorney general, §23-3-122. J JOINDER OF ACTIONS. Consolidation of actions. Equitable power to consolidate actions, §23-4-1. JOINDER OF PARTIES. Equity. Quia timet against all the world, §23-3-70. Quia timet against all the world, §23-3-70. JOINT TENANTS. Accounts between tenants in common. Equity jurisdiction, §23-2-70. JUDGMENTS. Decrees generally, §§23-4-30 to Eminent domain. Proceeding before assessors. Discrepancy between award and final judgment, §22-2-82. Entry of notice and award on minutes of court, §22-2-84. Issuance of execution on award or judgment, §22-2-83. Proceeding before special masters. Conclusive as to right of condemnor, §22-2-107. Execution, §22-2-113. Incorporation of award into judgment of court, §22-2-111. JURISDICTION. Accounts and accounting. Equity jurisdiction over matters of account, §23-2-70. Business court (state-wide). Equity jurisdiction, §23-1-1. Equity. Concurrent jurisdiction of law and equity, §23-1-5. Fraud, §23-2-50.

INDEX JURISDICTION - Cont’d Equity - Cont’d Effect of legal remedy on exercise, §23-1-4. Grounds, §23-1-3. Matters of account, §23-2-70. Powers, especially of appointment, §23-2-110. Scope and modes of remedy, §23-1-2. Vested in superior courts and state-wide business court, §23-1-1. Fraud. Concurrent jurisdiction of law and equity, §23-2-50. Leaving jurisdiction of state. Ne exeat, §§23-3-20 to 23-3-25. Ne exeat. Leaving jurisdiction of the state, §§23-3-20 to 23-3-25. Power of appointment. Equitable jurisdiction, §23-2-110. Power of sale. Equitable jurisdiction, §23-2-110. Quia timet against all the world. Special masters, §23-3-66. Superior courts. Equity jurisdiction, §23-1-1. Taxpayer protection against false claims. Civil action, §23-3-122. Civil investigative demands, §23-3-125. JURY AND JURY TRIAL. Eminent domain. Proceedings before special masters. Right of condemnee to jury trial on just and adequate compensation, §22-2-112. Quia timet against all the world. Trial by jury, §23-3-66. L LACHES, §23-1-25. LEASES. Sewage systems. Authority to lease, §22-3-60. Water systems. Authority to lease, §22-3-60. LEGAL ORGANS. Condemnation procedures, §22-2-25. Equity proceedings. Disposing of assets. Publication of order, §23-2-97.

LIABILITY. Equity. Joint and several liability. Entitlement to contribution, §23-2-71. Joint and several liability. Equity. Entitlement to contribution, §23-2-71. LIENS. Decrees, §23-4-36. Eminent domain. Proceeding before superior courts. Actions to discharge tax liens, §22-2-140. Tax liens. Eminent domain. Proceeding before superior courts. Actions by court to discharge lien, §22-2-140. LIFE ESTATES. Discharge of encumbrances affecting several interests. Equitable interference, §23-2-73. LIGHTHOUSES AND BEACONS. Federal eminent domain, §§22-3-120 to 22-3-122. Clearing coastal lands to carry out survey, §22-3-121. Manner of assessment where parties cannot agree, §22-3-122. Generally, §22-3-120. LIMITATION OF ACTIONS. Equitable distribution of assets. Time limit for intervention, §23-2-97. Taxpayer protection against false claims. Civil action, §§23-3-122, 23-3-123. LIS PENDENS NOTICE. Equity. Pending action as notice, §23-1-18. Effect on purchaser, §23-1-18. Quia timet against all the world. Filing of notice for record in lis pendens docket, §23-3-62. LOCAL GOVERNMENT. Eminent domain. Declaration of taking method. Authorization to utilize, §22-3-140. Special masters. General provisions, §§22-2-100 to

INDEX LOCAL GOVERNMENT - Cont’d Eminent domain - Cont’d Waterways and sewage systems. Consent for condemnation, §22-3-60. False claims. Taxpayer protection against false claims, §§23-3-120 to 23-3-127. Taxpayer protection against false claims, §§23-3-120 to 23-3-127. M

MENTAL HEALTH - Cont’d Service of process. Eminent domain. Proceeding before special masters. Service on insane persons, §22-2-107. MILLS. Eminent domain. Electric power plants. Right and authority to acquire by condemnation mills, §22-3-22. MINGLED PROPERTY. Burden of distinguishing, §23-2-74.

MARSHALING ASSETS. Decedents’ estates. Equitable interference, §23-2-93. Equitable interference in administration of estates, §23-2-91. Compelled election in marshaling, §23-2-94. Decedents’ estates, §23-2-93.

MINORS. Decrees. Consent of guardian or guardian ad litem, §23-4-33. Eminent domain. Proceeding before assessors. Guardian ad litem, §22-2-21. Manner of payment where owner a minor without a legal representative, §22-2-86. Notice, §22-2-21. Proceeding before special masters. Service of process, §22-2-107. Notice. Eminent domain. Proceeding before assessors, §22-2-21. Quia timet against all the world. Appointment of disinterested representative, §23-3-65. Compensation, §23-3-68. Service of process. Eminent domain. Proceeding before assessors. Notice, §22-2-21. Proceeding before special masters, §22-2-107.

MASTERS. Eminent domain. Special masters. General provisions, §§22-2-100 to Quia timet. Conventional quia timet, §23-3-43. Quia timet against all the world, §§23-3-63 to 23-3-68. Special masters. Eminent domain. General provisions, §§22-2-100 to Quia timet. Compensation, §23-3-68. Conventional quia timet, §23-3-43. Jurisdiction, §23-3-66. Submission, §23-3-63. MAXIMS OF EQUITY. Equity generally, §§23-1-1 to 23-1-25.

MISREPRESENTATION. Equity. Legal fraud, §23-2-52. Legal fraud, §23-2-52.

MEDICAID. False claims. Taxpayer protection against false claims. Applicability of provisions to Medicaid proceedings, §23-3-127. MENTAL HEALTH. Eminent domain. Proceeding before special masters. Service of process on insane persons, §22-2-107.

MISTAKE. Agents. Mistake of law by draftsman or other agent. Grounds for equitable relief, §23-2-23. Equity. Accident and mistake. Grounds for equitable relief generally, §§23-2-20 to 23-2-34.

INDEX MISTAKE - Cont’d Mistake of fact. Equitable relief generally, §§23-2-20 to Mistake of law. Equitable relief generally, §§23-2-20 to MISTAKE OF FACT. Grounds for equitable relief. Accident and mistake generally, §§23-2-20 to 23-2-34.

MUNICIPAL CORPORATIONS - Cont’d Relocation assistance and land acquisition. Exercise of powers by municipality with population of 350,000 or more, §22-4-11.1. Taxpayer protection against false claims, §§23-3-120 to 23-3-127. MUTUAL ACCOUNTS. Equity jurisdiction. Accounts growing out of privity of contract, §23-2-70.

MISTAKE OF LAW. Grounds for equitable relief. Accident and mistake generally, §§23-2-20 to 23-2-34.

N

MORTGAGES. Eminent domain. Relocation assistance. Payments for mortgage penalties, §22-4-6. MOTIONS. Ne exeat. General provisions, §§23-3-20 to Verification required, §23-3-22. MULTIPLICITY OF ACTIONS. Bill of peace to avoid, §23-3-110. MUNICIPAL CORPORATIONS. Claims against local government entities. Taxpayer protection against false claims, §§23-3-120 to 23-3-127. Eminent domain. Declaration of taking method. Authorization to utilize, §22-3-140. Proceeding before assessors. Interest obtainable by municipality, §22-2-85. Relocation assistance and land acquisition. Exercise of powers by municipality with population of 350,000 or more, §22-4-11.1. Special masters. General provisions, §§22-2-100 to Waterways and sewage systems. Consent for condemnation, §22-3-60. False claims. Taxpayer protection against false claims, §§23-3-120 to 23-3-127.

NE EXEAT, §§23-3-20 to 23-3-25. Bond of complainant, §23-3-22. Bond of defendant, §23-3-23. Officer taking insufficient security, §23-3-23. Contempt. Enforcement of extraordinary remedies, §23-4-38. Decrees. Enforcement of extraordinary remedies, §23-4-38. Disposition of property, §23-3-24. Equity jurisdiction over matters of account, §23-2-70. Issuance without judge’s sanction, §23-3-25. Nature, §23-3-20. Showing required, §23-3-21. Verification of petition or motion, §23-3-22. When granted, §23-3-20. NEGLIGENCE. Accident and mistake. Grounds for equitable relief. Negligence of complaining party preventing relief, §23-2-32. Negligent complainant granted relief, §23-2-32. Equity. Ignorance of fact due to negligence, §23-1-17. Negligence of complaining party preventing relief, §23-2-32. Negligent complainant granted relief, §23-2-32. NON COMPOS MENTIS. Condemnation proceeding before special master. Intent of articles, §22-2-101.

INDEX NONPERFORMANCE. Contracts. Damages. Equitable relief for nonperformance of contract, §§23-2-130, 23-2-135, 23-2-136. Specific performance. Grounds for equitable relief generally, §§23-2-130 to Equity. Contracts. Specific performance. Generally, §§23-2-130 to 23-2-136. Statute of frauds. Equitable relief for nonperformance of contract. Parol contract for land, §23-2-131. NONRESIDENTS. Decrees. Affecting property outside jurisdiction, §23-4-32. Eminent domain. Proceeding before assessors. Notice, §22-2-23. Representation by judge of probate court for address unknown, §22-2-23. Proceeding before special masters. Service of process, §22-2-107. Notice. Eminent domain. Proceeding before assessors, §22-2-23. Service of process. Eminent domain. Proceeding before special masters, §22-2-107. NOTES. Equity. Payment of lost notes, §23-2-3. NOTICE. County tax collectors. Eminent domain cases where taxes due or unpaid, §22-2-134. County tax commissioners. Eminent domain cases where taxes due or unpaid, §22-2-134. Commissioner to notify court of taxes due, §22-2-140. Electric power plants. Eminent domain. Right to flood roads and highways, §22-3-42.

NOTICE - Cont’d Eminent domain. Electric power plants. Right to flood roads and highways, §22-3-42. Electric transmission lines, construction. Lines with operating voltage of 115 kilovolts or greater. Public meetings, §§22-3-160, Meeting of governmental condemnor on resolution approving exercise of power, §22-1-10. Petroleum pipelines and gas pipelines. Certificate of public convenience and necessity. Notice of application, §22-3-83. Notice to landowner prior to initiating proceedings, §22-3-84. Proceeding before assessors. Contents of notice, §22-2-26. Entry on minutes of court, §22-2-84. Findings by assessors, §22-2-64. Hearings, §22-2-60. Manner and time of service, §22-2-25. Minors or persons under disability, §22-2-21. Nonresidents, §22-2-23. Persons entitled to receive, §22-2-20. Trustees of trust property and remaindermen, §22-2-22. Unknown owners or unborn remaindermen possible, §22-2-24. Proceeding before special masters, §22-2-102. Location of highway and date of location. Newspaper advertisements, §22-2-109. Proceeding before superior courts. Additional notice or service, §22-2-134. Direction for notice and service, §22-2-132. Newspaper advertisement as to original location of highway, §22-2-137. Tax collector or tax commissioner to be notified, §22-2-134. Taxes due on property. Notification of court by tax collector or commissioner, §22-2-140.

INDEX NOTICE - Cont’d Eminent domain - Cont’d Proposed condemnation by nongovernmental condemnor, §22-1-10. Public use, petition to condemn blighted property for, §22-1-15. Required prior to scheduled construction or development of project, §22-1-9. Special master panel. Selection of assessors, §22-2-108.1. Telegraph and telephone lines along railroad rights of way, §22-3-1. Manner of service, §22-3-2. Equity. Sale by one without notice, §23-1-19. Sale to one without notice, §23-1-19. Taking with notice of equity, §23-1-16. Pending actions as notice, §23-1-18. Scope of notice, §23-1-17. Incapacitated persons. Eminent domain. Proceeding before assessors. Notice to persons under disability, §22-2-21. Minors. Eminent domain. Proceeding before assessors, §22-2-21. Nonresidents. Eminent domain. Proceeding before assessors, §22-2-23. Quia timet. Against all the world, §23-3-65. Filing of notice for record lis pendens docket, §23-3-62. Conventional, §23-3-44. Telephone lines, plants or systems. Lines along railroad rights of way. Eminent domain proceedings, §22-3-1. Manner of service, §22-3-2. NOTICE OF APPEAL. Condemnation of realty. Acquisition of right to flood roads and highways, §22-3-44. O OATHS. Eminent domain. Oath of assessors, §22-2-43.

OATHS - Cont’d Eminent domain - Cont’d Proceeding before special masters. Oath of special masters, §22-2-103. Form, §22-2-105. OIL. Eminent domain. Petroleum pipelines and gas pipelines, §§22-3-80 to 22-3-95. Certificate of public convenience and necessity. Application for certificate, §22-3-83. Considerations in granting, §22-3-83. Public notice of application, §22-3-83. Required, §22-3-82. Review of decision to issue or deny, §22-3-83. Rules and regulations required to be promulgated prior to issuance of certificates, §22-3-83. Condemnation procedures, use authorized, §22-3-85. Definitions, §22-3-80. Natural or artificial gas pipelines, §22-3-95. Notice to landowner prior to initiating proceedings, §22-3-84. Right to acquire property by eminent domain, §22-3-81. OPINION EVIDENCE. Expert witnesses. Eminent domain. Just and adequate compensation, §22-1-14. ORDERS. Eminent domain. Proceeding before special masters. Order for parties to appear, §22-2-102. Proceeding before superior courts. Order to appear, §22-2-132. Equitable disposition of assets. Publication of order, §23-2-97. Equity. Interlocutory orders, §23-4-34. Interlocutory orders, §23-4-34. ORDINANCES. Sewage systems and waterworks. Consent for condemnation, §22-3-60.

INDEX ORDINANCES - Cont’d Waterworks and sanitary sewage systems. Consent for condemnation, §22-3-60. ORGANS. Legal organs. Condemnation procedures, §22-2-25. Equity proceedings. Disposing of assets. Publication of order, §23-2-97. P PARKS AND RECREATION. Eminent domain. Watershed projects, flood-control projects, etc., by counties, §§22-3-100 to 22-3-102. Authority of counties, §22-3-100. Permanent flooding required, §22-3-102. Procedures, §22-3-101. Flood-control projects by counties. Eminent domain generally, §§22-3-100 to 22-3-102. Watershed projects by counties. Eminent domain generally, §§22-3-100 to 22-3-102. PARTIES. Equity. Misled parties have superior equity, §23-1-12. Who may complain in equity, §23-4-20. Quia timet against all the world. Joinder, §23-3-70. PARTNERSHIPS. Accounts and accounting. Between partners. Equity jurisdiction, §23-2-70. Confidential relations. Defined, §23-2-58. PERSONAL PROPERTY. Equitable relief for nonperformance of contract. Specific personalty, §23-2-136. Specific performance. Specific personalty, §23-2-136. Specific personalty. Equitable relief for nonperformance of contract, §23-2-136.

PETITIONS. Eminent domain. Proceeding before special masters. Petitioning superior court for judgment in rem, §§22-2-102 to Proceeding before superior courts. Petition for judgment in rem. Authority, §22-2-130. Contents, §22-2-131. Public use, petition to condemn blighted property for, §22-1-15. Equitable interference in administration of assets. Creditors’ petitions, §23-2-95. Equitable interpleader. Verification, §23-3-91. Ex parte proceedings in equity, §23-4-4. Receipt of and action on petition, §23-4-5. Interpleader. Equitable interpleader. Verification, §23-3-91. Ne exeat. General provisions, §§23-3-20 to Protective powers over trust estates or estates of wards of equity, §23-4-4. Receipt of and action on petition, §23-4-5. Quia timet against all the world, §23-3-62. PETROLEUM PIPELINES. Eminent domain for petroleum pipelines and gas pipelines, §§22-3-80 to 22-3-95. PIPELINES. Eminent domain. Petroleum pipelines and gas pipelines, §§22-3-80 to 22-3-95. Certificate of public convenience and necessity. Application for certificate, §22-3-83. Considerations in granting, §22-3-83. Public notice of application, §22-3-83. Required, §22-3-82.

INDEX PIPELINES - Cont’d Eminent domain - Cont’d Petroleum pipelines and gas pipelines - Cont’d Certificate of public convenience and necessity - Cont’d Review of decision to issue or deny, §22-3-83. Rules and regulations required to be promulgated prior to issuance of certificates, §22-3-83. Condemnation procedures, use authorized, §22-3-85. Definitions, §22-3-80. Natural or artificial gas pipelines, §22-3-95. Notice to landowner prior to initiating proceedings, §22-3-84. Right to acquire property by eminent domain, §22-3-81. Petroleum pipelines. Eminent domain for petroleum pipelines and gas pipelines, §§22-3-80 to 22-3-95. PLEADINGS. Equity. Claim of legal and equitable relief by defendant, §23-4-2. Extraordinary remedies. How claimed, §23-4-2. Quia timet against all the world. Filing of adverse pleading, §23-3-65. POLITICAL SUBDIVISIONS. Eminent domain. Declaration of taking method. Authorization to utilize, §22-3-140. Special masters. General provisions, §§22-2-100 to Waterways and sewage systems. Consent for condemnation, §22-3-60. False claims. Taxpayer protection against false claims, §§23-3-120 to 23-3-127. Taxpayer protection against false claims, §§23-3-120 to 23-3-127. POWER OF SALE. Equitable relief. Collusive, mistaken or defective executions, §23-2-113. Construed strictly, §23-2-114. Exercise after grantor or donor’s death, §23-2-114.

POWER OF SALE - Cont’d Equitable relief - Cont’d Exercise by personal representative, transferee, etc., §23-2-114. Exercise by successor administrator, trustee or guardian, §23-2-116. Faithful execution compellable, §23-2-112. Jurisdiction over powers, §23-2-110. Manner of sales, §23-2-114. Private sales, §23-2-115. Public sales, §23-2-114. POWER PLANTS. Electric power plants. Eminent domain, §§22-3-20 to 22-3-47. POWERS OF APPOINTMENT. Equitable relief, §§23-2-110 to Collusive, mistaken or defective executions, §23-2-113. Discretionary powers. Exercise not compellable generally, §23-2-111. Faithful exercise of power compellable, §23-2-112. Illusory appointments, §23-2-113. Jurisdiction over powers, §23-2-110. Release, relinquishment or covenant as to exercise, §23-2-117. Delivery or recordation, §23-2-118. Sections declaratory of existing law, §23-2-120. When fiduciaries or bona fide purchasers affected, §23-2-119. Writing required, §23-2-118. PRESUMPTIONS. Fraud. Fraud may not be presumed, §23-2-57. PRIVIES. Equity, §23-2-34. PRIVITY. Accident and mistake. Relief against original parties or privies, §23-2-34. Equity. Accident and mistake. Relief against original parties or privies, §23-2-34. PROBATE COURTS. Eminent domain. Proceeding before assessors. Nonresidents. Representation by judge when address unknown, §22-2-23.

INDEX PROBATE COURTS - Cont’d Eminent domain - Cont’d Proceeding before assessors - Cont’d Payment to judge where owner minor or person under disability without a legal representative, §22-2-86. Selection of assessor by judge, §22-2-41. Proceeding before special masters. Service of process on judge, §22-2-107. PRODUCTION OF DOCUMENTS AND THINGS. Taxpayer protection against false claims. Civil investigative demands, §23-3-125. PROHIBITION. Contempt. Enforcement of extraordinary remedies, §23-4-38. Decrees. Enforcement of extraordinary remedies, §23-4-38. Equity. Enforcement of extraordinary remedies, §23-4-38. PROPERTY. Eminent domain. General provisions, §§22-1-1 to PROPERTY TAXES. Eminent domain. Relocation assistance. Payments, §22-4-6. Relocation assistance. Payments, §22-4-6. PUBLICATION. Eminent domain. Electric transmission lines, construction. Lines with operating voltage of 115 kilovolts or greater. Notice of required public meetings, §§22-3-160, Special masters. Service of notice on nonresidents, §22-2-107. Equitable distribution of assets. Orders, §23-2-97. Quia timet against all the world, §23-3-65.

PUBLIC CONTRACTS. False claims. Taxpayer protection against false claims, §§23-3-120 to 23-3-127. PUBLIC PROPERTY. Eminent domain. Proceeding before superior courts. Applicability of article to acquisition, §22-2-130. PUBLIC UTILITIES. Actions. Eminent domain by electric power plants. Right to flood roads and highways. Effect of part on actions of public utilities, §22-3-47. Eminent domain. Electric power plants, §§22-3-20 to Telegraph and telephone lines along railroad rights of way, §§22-3-1 to PUBLIC WORKS. False claims. Taxpayer protection against false claims, §§23-3-120 to 23-3-127. Federal aid. Relocation assistance and land acquisition. General provisions, §§22-4-1 to Q QUIA TIMET, §§23-3-40 to 23-3-73. Cloud on title. What constitutes, §23-3-42. When removable, §23-3-42. Costs, §23-3-41. Minors. Appointment of disinterested representative, §§23-3-65, 23-3-68. Purposes, §23-3-40. Against all the world, §23-3-60. Quia timet against all the world, §§23-3-60 to 23-3-73. Adverse pleading, §23-3-65. Costs. Compensation of master and representative, §23-3-68. Cumulative effect of remedy, §23-3-72. Decrees. Effect of recordation, §23-3-67.

INDEX QUIA TIMET - Cont’d Quia timet against all the world - Cont’d Disinterested representative. Appointment, §23-3-65. Compensation, §23-3-68. Enforcement, standing, §23-3-73. Evidence, §23-3-64. Guardian ad litem. Appointment, §23-3-65. Compensation, §23-3-68. Intervention after entering of decree, §23-3-69. Joinder, §23-3-70. Jury trial, §23-3-66. Liberal construction of part, §23-3-71. Lis pendens docket. Filing with court notice for record, §23-3-62. Notice. Filing in lis pendens docket, §23-3-62. Petitions, §23-3-62. Publication. Service by, §23-3-65. Purposes, §23-3-60. Recordation of decree, §23-3-67. Service of process, §23-3-65. Special masters. Compensation, §23-3-68. Jurisdiction, §23-3-66. Submission to, §23-3-63. Standing, municipalities, counties and housing authorities, §23-3-73. Venue, §23-3-62. Who may bring proceeding, §23-3-61. Redemption, §23-3-44. Removal of cloud on title, §23-3-42. Equities of redemption, §23-3-44. Special masters. Conventional quia timet, §23-3-43. Quia timet against all the world, §§23-3-63 to 23-3-68. When relief granted, §23-3-41. R RAILROADS. Eminent domain. Telegraph and telephone lines along railroad rights of way, §§22-3-1 to Evidence upon which findings may be based, §22-3-4. Form of assessors’ findings, §22-3-3.

RAILROADS - Cont’d Eminent domain - Cont’d Telegraph and telephone lines along railroad rights of way - Cont’d Notice of condemnation, §22-3-1. Manner of service, §22-3-2. One proceeding, §22-3-3. Venue of proceedings and hearing before assessors, §§22-3-3, Telegraph and telephone lines along railroad rights of way. Eminent domain, §§22-3-1 to 22-3-4. REAL ESTATE APPRAISERS AND APPRAISAL MANAGEMENT COMPANIES. Assessors in eminent domain proceedings. Qualifications for selection, §22-2-40. Eminent domain proceedings. Selection as assessor. Qualifications, §22-2-40. REAL PROPERTY. Clouds on title. Removal. Quia timet generally, §§23-3-40 to Eminent domain. General provisions, §§22-1-1 to Equitable relief for nonperformance of contract. Parol contract for land. Sufficient part performance, §23-2-131. When specific performance decreed, §23-2-131. Voluntary or gratuitous promises, §23-2-132. Parol contract for land. When specific performance decreed, §23-2-131. Sufficient part performance, §23-2-131. Removal of clouds on title. Quia timet generally, §§23-3-40 to Specific performance. Enforcement of voluntary agreement or gratuitous promise, §23-2-132. Parol contracts for land. Sufficient part performance, §23-2-131. When decreed, §23-2-131.

INDEX REAL PROPERTY - Cont’d Statute of frauds. Equitable relief for nonperformance of contract. Parol contract for land, §23-2-131. Title. Removal of clouds on title. Quia timet generally, §§23-3-40 to

RELOCATION ASSISTANCE AND LAND ACQUISITION POLICY ACT - Cont’d Short title, §22-4-1. REMAINDERS AND REVERSIONS. Discharge of encumbrances affecting several interests. Equitable interference, §23-2-73. Eminent domain. Proceeding before assessors. Notice on trustees of trust property and remaindermen, §22-2-22. Notice to unborn remaindermen possible, §22-2-24.

RECORDATION. Eminent domain. Proceeding before assessors. Filing and recording of award, §22-2-65. Proceeding before superior courts. Award, decree and description of property, §22-2-141. Power of sale. Release, relinquishment or covenant as to exercise, §23-2-118. Quia timet against all the world. Effect of recording of decree, §23-3-67.

REMEDIES. Bills of peace, §23-3-110. Specific performance, §§23-2-130 to REMOVAL OF CLOUDS ON TITLE. Quia timet generally, §§23-3-40 to

RECORDS. Eminent domain. Proceeding before special masters. Award to become part of record of proceedings, §22-2-110. REDEMPTION. Quia timet. Proceedings to remove cloud from title, §23-3-44. REFORMATION. Contracts. Accident and mistake. Reformation and execution in case of mistake distinguished, §23-2-30. RELEASES. Power of appointment. Release, relinquishment or covenant as to exercise, §23-2-117. Delivery or recordation, §23-2-118. Sections declaratory of existing law, §23-2-120. When fiduciaries or bona fide purchasers affected, §23-2-119. Writing required, §23-2-118. RELOCATION ASSISTANCE. General provisions, §§22-4-1 to RELOCATION ASSISTANCE AND LAND ACQUISITION POLICY ACT. General provisions, §§22-4-1 to

RENT. Apportionment of contract, rent or hire. Equitable jurisdiction, §23-2-72. Equitable accounting of funds, goods, etc. Apportionment of contract, rent or hire, §23-2-72. RESCISSION. Mistake of fact. Unilateral mistake, §23-2-31. Unilateral mistake of fact, §23-2-31. RES JUDICATA. Eminent domain. Proceeding before superior courts. Effect of subsequent proceedings on rights of condemnor, §22-2-139. RETALIATION. Taxpayer protection against false claims. Discrimination or retaliation against employees, prohibition, §23-3-122. REVENUE AND TAXATION. Eminent domain. Relocation assistance and land acquisition. Effect of chapter on power to tax, §22-4-12.

INDEX REVENUE AND TAXATION - Cont’d Liens for taxes. Eminent domain. Proceeding before superior courts. Actions by court to discharge lien, §22-2-140. Relocation assistance and land acquisition. Eminent domain. Effect of chapter on power to tax, §22-4-12. RIGHTS OF WAY. Eminent domain. Telegraph and telephone lines along railroad rights of way, §§22-3-1 to Evidence upon which findings may be based, §22-3-4. Form of assessors’ findings, §22-3-3. Notice of condemnation, §22-3-1. Manner of service, §22-3-2. One proceeding, §22-3-3. Venue of proceedings and hearings, §§22-3-3, 22-3-4. Telegraph and telephone lines along railroad rights of way. Eminent domain, §§22-3-1 to 22-3-4. S SALES. Decrees. Confirmation of sales, §23-4-35. Equity. Relief concerning powers of sale. Collusive, mistaken or defective executions, §23-2-113. Construed strictly, §23-2-114. Exercise after grantor or donor’s death, §23-2-114. Exercise by personal representative, transferee, etc., §23-2-114. Exercise by successor administrator, trustee or guardian, §23-2-116. Faithful execution compellable, §23-2-112. Jurisdiction over powers, §23-2-110. Manner of sale, §23-2-114. Private sales, §23-2-115. Public sales, §23-2-114. Sale by one without notice, §23-1-19. Sale to one without notice, §23-1-19. Power of sale. Equitable relief. Collusive, mistaken or defective execution, §23-2-113.

SALES - Cont’d Power of sale - Cont’d Equitable relief - Cont’d Construed strictly, §23-2-114. Exercise after donor or grantor’s death, §23-2-114. Exercise by personal representative, transferee, etc., §23-2-114. Exercise by successor administrator, trustee or guardian, §23-2-116. Faithful execution compellable, §23-2-112. Jurisdiction over powers, §23-2-110. Manner of sales, §23-2-114. Private sales, §23-2-115. Public sales, §23-2-114. SECURITIES. Equity. Payment of lost bonds or negotiable securities, §23-2-3. SERVICE OF PROCESS. Eminent domain. Notice in proceeding before assessors. Manner and time of service, §22-2-25. Minors or persons under disability, §22-2-21. Nonresidents, §22-2-23. Persons entitled to receive, §22-2-20. Trustees of trust property and remaindermen, §22-2-22. Unknown owners or unborn remaindermen, §22-2-24. Notice of proposed condemnation, §22-1-10. Proceeding before special masters, §22-2-107. Notice, §22-2-102. Proceeding before superior courts, §22-2-133. Additional notice or service, §22-2-134. Directions for notice and service, §22-2-132. Public use, petition to condemn blighted property for, §22-1-15. Telegraph and telephone lines along railroad rights of way. Notice, §22-3-2. Incapacitated persons. Eminent domain. Proceeding before special masters. Service on persons laboring under disabilities, §22-2-107.

INDEX SERVICE OF PROCESS - Cont’d Mentally ill persons. Eminent domain. Proceeding before special masters, §22-2-107. Minors. Eminent domain. Proceeding before assessors. Notice, §22-2-21. Proceeding before special masters, §22-2-107. Nonresidents. Eminent domain. Proceeding before special masters, §22-2-107. Quia timet against all the world, §23-3-65. Taxpayer protection against false claims. Service of civil investigative demands, §23-3-125. Telegraph and telephone lines along railroad rights of way. Eminent domain proceedings, §22-3-2. SETOFFS. Equitable setoff, §23-2-76. SETTLEMENTS. Electric transmission lines. Construction of lines with operating voltage of 115 kilovolts or greater. Route selection, settlement negotiations with property owners, §22-3-161. Eminent domain. Electric transmission lines. Construction of lines with operating voltage of 115 kilovolts or greater. Route selection, settlement negotiations with property owners, §22-3-161. Taxpayer protection against false claims. Settlement of civil action, §23-3-122. SEWAGE SYSTEMS, §§22-3-60 to Authority to lease, purchase or condemn or receive donations, §22-3-60. Condemnation requirements for nongovernmental entities, §22-3-63. Eminent domain. Applicability of article, §22-3-62.

SEWAGE SYSTEMS - Cont’d Eminent domain - Cont’d Authority to lease, purchase or condemn or receive donations, §22-3-60. Condemnation requirements for nongovernmental entities, §22-3-63. Declaration of taking method. Authorization to utilize, §22-3-140. Procedure, §22-3-61. Leases. Authority to lease, §22-3-60. SIGNATURES. Decrees, §23-4-30. SPECIAL MASTERS. Eminent domain. General provisions, §§22-2-100 to Quia timet. Compensation, §23-3-68. Jurisdiction, §23-3-66. Submission to special master. Conventional quia timet, §23-3-43. Quia timet against all the world, §23-3-63. SPECIFIC PERFORMANCE, §§23-2-130 to 23-2-136. Ability of vendor to comply, §23-2-134. Damages. Decreed when damages inadequate, §23-2-130. Specific performance impossible, §23-2-135. Specific personalty, §23-2-136. Gratuitous promises. Enforcement, §23-2-132. Inadequacy of price. Refusal of decree, §23-2-133. Parol contracts for land. When specific performance decreed, §23-2-131. Part performance. Parol contracts for land. Sufficient part performance, §23-2-131. Personal property. Specific personalty, §23-2-136. Real property. Enforcement of voluntary agreement or gratuitous promise, §23-2-132. Parol contracts for land. Sufficient part performance, §23-2-131.

INDEX SPECIFIC PERFORMANCE - Cont’d Real property - Cont’d Parol contracts for land - Cont’d When decreed, §23-2-131. Specific personalty, §23-2-136. Statute of frauds. Parol contracts for land. When specific performance decreed, §23-2-131. Unfair, unjust or against good conscience. Refusal of decree, §23-2-133. Vendor’s ability to comply, §23-2-134. Voluntary agreement. Enforcement, §23-2-132. When decreed generally, §23-2-130. STATE OF GEORGIA. Eminent domain. General provisions, §§22-1-1 to Special masters. General provisions, §§22-2-100 to Superior courts. General provisions, §§22-2-130 to False claims. Taxpayer protection against false claims, §§23-3-120 to 23-3-127. Taxpayer protection against false claims, §§23-3-120 to 23-3-127. STATUTE OF FRAUDS. Equitable relief for nonperformance of contract. Parol contract for land, §23-2-131. Real property. Equitable relief for nonperformance of contract. Parol contract for land, §23-2-131. Specific performance. Parol contracts for land. When specific performance decreed, §23-2-131. STATUTE OF LIMITATIONS. Equitable distribution of assets. Time limit for intervention, §23-2-97. Taxpayer protection against false claims. Civil action, §§23-3-122, 23-3-123. STORM-WATER. Eminent domain. Declaration of taking method. Authorization to utilize, §22-3-140.

SUBPOENAS. Eminent domain. Proceeding before assessors, §22-2-61. Taxpayer protection against false claims, §23-3-123. SUPERIOR COURTS. Appeals to superior courts. Eminent domain. Electric power plants. Right to flood roads and highways, §22-3-44. Rights of condemnor pending appeal, §22-3-45. Proceeding before assessors, §§22-2-80 to 22-2-82. Clerks of court. Eminent domain. Proceeding before assessors. Selection of assessor by clerk, §22-2-41. Proceeding before superior courts. Payment of fees to clerk, §22-2-141. Electric power plants. Eminent domain. Right to flood roads and highways. Appeals to superior courts, §22-3-44. Rights of condemnor pending appeal, §22-3-45. Eminent domain. General provisions, §§22-2-130 to Equity. General provisions, §§23-1-1 to Jurisdiction vested in, §23-1-1. Jurisdiction. Equity jurisdiction, §23-1-1. SURPRISE. Fraud, §23-2-54. Mistakes remediable, §23-2-20. T TAXATION. Eminent domain. Relocation assistance and land acquisition. Effect of chapter on power to tax, §22-4-12. False claims. Taxpayer protection against false claims, §§23-3-120 to 23-3-127.

INDEX TAXATION - Cont’d Georgia taxpayer protection against false claims, §§23-3-120 to Liens for taxes. Eminent domain. Proceeding before superior courts. Actions by court to discharge lien, §22-2-140. Relocation assistance and land acquisition. Eminent domain. Effect of chapter on power to tax, §22-4-12. Taxpayer protection against false claims, §§23-3-120 to 23-3-127. TAXPAYER PROTECTION AGAINST FALSE CLAIMS, §§23-3-120 to Action for enforcement by attorney general or private citizen, §§23-3-122 to 23-3-124. Acts constituting false claim, §23-3-121. Applicability of provisions. Medicaid, proceedings involving, §23-3-127. Tax information, §23-3-121. Civil investigative demands, §23-3-125. Construction of act to promote public interest, §23-3-126. Definitions, §23-3-120. Depositions. Civil investigative demand, §23-3-125. Discovery. Civil investigative demands, §23-3-125. Discrimination or retaliation against employees, prohibition, §23-3-122. Dismissal of civil action, §23-3-122. Exemptions from public records act, §23-3-122. False claims law investigators. Designation, §23-3-125. Taking of oral testimony, §23-3-125. Final judgment in criminal proceeding, effect on civil action, §23-3-123. Interrogatories. Civil investigative demand, §23-3-125. Intervention in action by governmental entity, §§23-3-122,

TAXPAYER PROTECTION AGAINST FALSE CLAIMS - Cont’d Investigations by attorney general, §23-3-122. Liability for attorneys’ fees and costs, §23-3-121. Limitation of actions, §§23-3-122, Making of false record or statement, §23-3-121. Medicaid, proceedings involving. Law applicable, §23-3-127. Nonexclusivity of remedies, §23-3-126. Order to enforce or set aside civil investigative demand, §23-3-125. Presentation of false claim, §23-3-121. Private right of action, §23-3-122. Proceeds from settlement of claim, percentage to person bringing action, §23-3-122. Production of documentary material. Civil investigative demand, §23-3-125. Public employees, actions by, §23-3-122. Service of civil investigative demands, §23-3-125. Settlement of civil action, §23-3-122. Subpoenas, place of service, §23-3-123. Venue of actions, §23-3-124. TELEGRAPHS. Eminent domain. Telegraph and telephone lines along railroad rights of way, §§22-3-1 to Evidence upon which findings may be based, §22-3-4. Form of assessors’ findings, §22-3-3. Notice of condemnation, §22-3-1. Manner of service, §22-3-2. One proceeding, §22-3-3. Venue of proceedings and hearings, §§22-3-3, 22-3-4. Lines. Eminent domain. Lines along railroad rights of way, §§22-3-1 to 22-3-4. Railroads. Eminent domain. Lines along railroad rights of way, §§22-3-1 to 22-3-4.

INDEX TELEGRAPHS - Cont’d Rights of way. Eminent domain. Lines along railroad rights of way, §§22-3-1 to 22-3-4.

TIME. Eminent domain. Special master. Hearing before special master, §22-2-102.

TELEPHONES. Eminent domain. Telegraph and telephone lines along railroad rights of way, §§22-3-1 to Evidence upon which findings may be based, §22-3-4. Form of assessors’ findings, §22-3-3. Notice of condemnation, §22-3-1. Manner of service, §22-3-2. Venue of proceedings and hearings, §§22-3-3, 22-3-4. Lines, plants or systems. Eminent domain. Lines along railroad rights of way, §§22-3-1 to 22-3-4. Railroads. Eminent domain. Lines along railroad rights of way, §§22-3-1 to 22-3-4. Rights of way. Eminent domain. Lines along railroad rights of way, §§22-3-1 to 22-3-4.

TIMET. Quia timet. General provisions, §§23-3-40 to TITLE. Clouds on title. Removal. Quia timet generally, §§23-3-40 to Eminent domain. Proceeding before special masters. Deposit of award vests title in condemnor, §22-2-110. Removal of cloud on title. Quia timet. General provisions, §§23-3-40 to

TENANTS IN COMMON. Equity jurisdiction over matters of account, §23-2-70. TENDER OF PAYMENT. Awards. Eminent domain. Proceedings before assessors. Appeals. Tender of award as condition on condemnor’s right to use property or interest, §22-2-81. Proceedings before special master. Appeal of award. Effect of tender on right of appeal, §22-2-113. THE GEORGIA RELOCATION ASSISTANCE AND LAND ACQUISITION POLICY ACT. General provisions, §§22-4-1 to Short title, §22-4-1. THIRD PARTIES. Equity. Who bears loss from act of, §23-1-14.

TRADEMARKS AND SERVICE MARKS. Equity. Use of similar marks as fraud, §23-2-55. Fraud. Use of similar marks as fraud, §23-2-55. Use of similar marks. Fraud, §23-2-55. TRADE NAMES. Equity. Use of similar names as fraud, §23-2-55. Fraud. Use of similar names as fraud, §23-2-55. Use of similar names. Fraud, §23-2-55. TRUSTS AND TRUSTEES. Confidential relations. Defined, §23-2-58. Eminent domain. Proceeding before assessors. Notice on trustees of trust property and remaindermen, §22-2-22. Equity jurisdiction. Matters of account, §23-2-70. Power of sale. Exercise by successor trustee, §23-2-116.

INDEX VENUE - Cont’d Taxpayer protection against false claims. Civil actions, §23-3-124. Telegraph and telephone lines along railroad rights of way. Eminent domain proceedings. Location of proceedings and hearings, §§22-3-3, 22-3-4.

TRUSTS AND TRUSTEES - Cont’d Sales, §23-2-116. Power of sale. Exercise by successor trustee, §23-2-116. Trustees. Accounting. Equity jurisdiction over matters of account, §23-2-70. U UNCONSCIONABILITY. Equity. Setting aside sale or contract for inadequate consideration, §23-2-2. UNIFORM RELOCATION ASSISTANCE AND LAND ACQUISITION POLICY ACT. General provisions, §§22-4-1 to UNITED STATES. Eminent domain. Lighthouses, beacons, etc., by United States government, §§22-3-120 to Lighthouses and beacons. Eminent domain, §§22-3-120 to Navigation of waters. Eminent domain. Lighthouses, beacons, etc., by United States government, §§22-3-120 to 22-3-122. UNPAID TAXES. County taxes. Eminent domain. Notice, §22-2-134. V VALUE. Mistake in judgment of value. Interference of equity not authorized, §23-2-28. VENUE. Eminent domain. Telegraph and telephone lines along railroad rights of way. Location of proceedings and hearings, §§22-3-3, 22-3-4. Quia timet against all the world, §23-3-62.

VERDICTS. Eminent domain. Proceeding before special masters. Discrepancy between award of master and verdict of jury, §22-2-113. Proceeding before superior courts. Deposit of amount into court, §22-2-138. Molding, §22-2-138. Scope, §22-2-138. VERIFICATION. Interpleader, §23-3-91. Ne exeat writ, §23-3-22. VOLUNTEERS. Accident and mistake. Equity will not interfere to relieve generally, §23-2-33. Equity inferior, §23-1-13. W WAR. Eminent domain. Nature of right, §22-1-2. WASTE. Sewage systems. General provisions, §§22-3-60 to WATER AND WASTEWATER TREATMENT PLANTS. Eminent domain. Declaration of taking method. Authorization to utilize, §22-3-140. Sewage systems generally, §§22-3-60 to 22-3-63. WATER RESOURCES. Eminent domain. Lighthouses, beacons, etc., by United States government. Clearing coastal lands to carry out survey, §22-3-121. Manner of assessment where parties cannot agree, §22-3-122.

INDEX WATER RESOURCES - Cont’d Eminent domain - Cont’d Lighthouses, beacons, etc., by United States government - Cont’d Generally, §22-3-120. Lighthouses and beacons. Eminent domain by United States government for construction, §§22-3-120 to 22-3-122. Clearing coastal lands to carry out survey, §22-3-121. Manner of assessment where parties cannot agree, §22-3-122. Generally, §22-3-120.

WATER SUPPLY - Cont’d Eminent domain, §§22-3-60 to 22-3-63. Applicability of article, §22-3-62. Authority to lease, purchase or condemn or receive donations of systems, §22-3-60. Condemnation requirements for nongovernmental entities, §22-3-63. Declaration of taking method. Authorization to utilize, §22-3-140. Procedure, §22-3-61. Leases. Authority to lease, §22-3-60.

WATERSHED. Eminent domain. Watershed projects, flood-control projects, etc., by counties, §§22-3-100 to 22-3-102. Authority of counties, §22-3-100. Permanent flooding required, §22-3-102. Procedures, §22-3-101.

WITNESSES. Eminent domain. Expert witnesses. Just and adequate compensation, §22-1-14. Proceeding before assessors. Compelling attendance, §22-2-61. Valuation of condemned property, determination, §22-1-14. Expert witnesses. Eminent domain. Just and adequate compensation, §22-1-14.

WATER SUPPLY. Authority to lease, purchase or condemn or receive donations of systems, §22-3-60. Condemnation requirements for nongovernmental entities, §22-3-63.