O.C.G.A. § 32-2-81 (2019)
‘‘Design-build procedure’’ defined; procedures for utilization; limitation on contracting; report
(a) As used in this Code section, the term ‘‘design-build procedure’’ means a method of contracting under which the department contracts with another party for the party to both design and build the structures, facilities, systems, and other items specified in the contract.
(b) The department may use the design-build procedure for buildings, bridges and approaches, rail corridors, technology deployments, and limited or controlled access projects or projects that may be constructed within existing rights of way where the scope of work can be clearly defined or when a significant savings in project delivery time can be attained.
(c) When the department determines that it is in the best interests of the public, the department may combine any or all of the environmental services, utility relocation services, right of way services, design services, and construction phases of a public road or other transportation purpose project into a single contract using a design-build procedure. Design-build contracts may be advertised and awarded notwithstanding the requirements of paragraph (1) of subsection (d) of Code Section
Annotations
Cross references. - Power of condemnation, Ga. Const. 1983, Art. III, Sec. VI, Para. II.
Exercise by Department of Transportation of power of eminent domain to acquire property for construction of welcome centers, § 50-7-12.
Law reviews. - For annual survey of law of real property, see 38 Mercer L. Rev. 319 (1986).
JUDICIAL DECISIONS
Effect of § 32-8-1 on relocation expenses. - Enactment of O.C.G.A. § 32-8-1 does not alter the fact that relocation expenses, whether awarded judicially or administratively, are still a part of the "just and adequate compensation" guaranteed to condemnees under the Constitution. DOT v. Gibson, 251 Ga. 66, 303 S.E.2d 19 (1983).
Relocation expenses may be recovered by administrative proceeding. - Under O.C.G.A. § 32-8-1, a condemnee whose property is being acquired for federally assisted highway projects may, but is not required to, seek payment of relocation expenses directly from the Department of Transportation in an administrative action. DOT v. Gibson, 251 Ga. 66, 303 S.E.2d 19 (1983).
Seeking administrative payment of relocation expenses precludes a separate judicial determination of the same relocation expenses in the statutorily authorized condemnation proceedings. DOT v. Gibson, 251 Ga. 66, 303 S.E.2d 19 (1983).
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ARTICLE 1 GENERAL PROVISIONS
JUDICIAL DECISIONS
Procedure for taking property comports with due process. - Procedure for taking property under O.C.G.A. Art. 1, Ch. 3, T. 32 does not offend the due process guarantees of either the state or federal constitutions; however, to ensure due process to the property owner, the statute must be strictly conformed to by the condemning body. Dorsey v. DOT, 248 Ga. 34, 279 S.E.2d 707 (1981).
Notice pleading does not apply to condemnation proceedings. - General notion of notice pleading under O.C.G.A. Ch. 11, T. 9 does not apply to condemnation proceedings. Dorsey v. DOT, 248 Ga. 34, 279 S.E.2d 707 (1981).