O.C.G.A.

O.C.G.A. § 32-3-12 (2019)

Orders of court for payment of award in condemnation proceedings, for surrender of property, and as to other charges

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) 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.

(b) 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.

History

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

Annotations

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).

Notes of Decisions

Cited in 2 cases, 2001–2016 · leading case: Shiv Aban, Inc. v. Georgia Dep't of Transp., 784 S.E.2d 134 (Ga. Ct. App. 2016).

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Shiv Aban, Inc. v. Georgia Dep't of Transp., 784 S.E.2d 134 (Ga. Ct. App. 2016). · cites it 2× “If such sum has been withdrawn from the court by the condemnee as provided for in Code Section 32-3-12, the clerk of the superior court shall mark such judgment satisfied; and if the condemnee has not withdrawn such sum the clerk shall immediately apply the same to the payment…”

Happoldt v. Monroe Cnty., 546 S.E.2d 297 (Ga. Ct. App. 2001). · cites it 2× “OCGA § 32-3-12 further provides that, upon application of the parties claiming an interest in the compensation fund, the court shall order the money or any part thereof to be paid to the parties found to be entitled thereto.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.