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O.C.G.A. § 32-3-12 — Orders of court for payment of award in condemnation proceedings, for surrender of property, and as to other charges | Georgia Code

O.C.G.A. § 32-3-12 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 32 HIGHWAYS, BRIDGES, AND FERRIES

Section 3. Acquisition of Property for Transportation Purposes, 32-3-1 through 32-3-39.

ARTICLE 1 GENERAL PROVISIONS

32-3-12. Orders of court for payment of award in condemnation proceedings, for surrender of property, and as to other charges.

Upon the application of the parties in interest, and not earlier than 15 days subsequent to the date of the last advertisement in the official newspaper of the county as provided for in subsection (f) of Code Section 32-3-8, the court shall order that the money deposited in the court, or any part thereof applied for, be paid forthwith to the parties found to be entitled thereto, for the just compensation to be awarded in the proceedings; provided, however, that, where the validity of the proceedings has been placed in issue as provided for in Code Section 32-3-11, the court shall not order the payment of the fund to the condemnee pending a final determination of such questions.
Upon the filing of a declaration of taking, the court shall have power to fix the time, the same to be not later than 60 days from the date of the filing of the declaration of taking as provided in Code Section 32-3-6, within which and the terms upon which the parties in possession shall be required to surrender possession to the petitioner. The court shall have power to make such orders in respect of encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as shall be just and equitable.

(Code 1933, § 95A-608, enacted by Ga. L. 1973, p. 947, § 1.)

JUDICIAL DECISIONS

Taking hearing distinguished from appeal from offered compensation.

- Taking hearing, as provided in Ga. L. 1973, p. 947, § 1, is a right that is separate and apart from an appeal from the offered compensation, and does not in any way affect the right of appeal. DOT v. Palmer, 152 Ga. App. 630, 263 S.E.2d 514 (1979).

Ga. L. 1973, p. 947, § 1 applies only to possession, while time for filing a notice of appeal is contained in Ga. L. 1973, p. 947, § 1 and is controlling in all cases where an appeal is desired. DOT v. Harrison, 154 Ga. App. 118, 267 S.E.2d 651, cert. denied, 449 U.S. 843, 101 S. Ct. 125, 66 L. Ed. 2d 51 (1980).

Cited in DOT v. Olshan, 237 Ga. 213, 227 S.E.2d 349 (1976).

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