O.C.G.A.

O.C.G.A. § 32-3-13 (2019)

Self-executing nature of declaration of taking; court costs; entry of judgment; transfer of case to closed docket; effect of Code section on condemnor’s title

✓ 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) No judgment of any court and no order or ruling of the judge thereof shall be necessary to give effect to the declaration of taking provided for in Code Section 32-3-6; but the same shall be self-executing, subject, however, to the power of the court as provided for in Code Section 32-3-11. (b) If no appeal is filed as provided for in Code Section 32-3-14, the condemnor shall, at the next term of the superior court convening not earlier than 30 days subsequent to the date of service, as provided for in Code Sections 32-3-8 and 32-3-9, or at any time thereafter, pay all accrued court costs in the case to the clerk of the superior court in which the same is pending, at which time the judge of the superior court shall enter judgment in favor of the condemnee and against the condemnor for the sum of money deposited by the condemnor with the declaration of taking. If such sum has been withdrawn from the court by the condemnee as provided for in Code Section 32-3-12, the clerk of the superior court shall mark such judgment satisfied; and if the condemnee has not withdrawn such sum the clerk shall immediately apply the same to the payment of the judgment and either transmit the same to the condemnee or cause the condemnee to be notified that he, the clerk, holds the same subject to the demand of the condemnee. (c) In any event, the case shall be transferred, under the conditions set out in this Code section, to the closed docket. (d) Nothing provided for in this Code section shall be construed as in any way affecting the title acquired by the condemnor by virtue of the declaration of taking, as provided for in Code Section 32-3-7.

History

Code 1933, § 95A-609, enacted by Ga. L. 1973, p. 947, § 1.

Annotations

JUDICIAL DECISIONS Provision for opening default inapplicable. - Ga. L. 1967, p. 226, § 24 does not apply to a condemnation proceeding. DOT v. Forrester, 149 Ga. App. 647, 255 S.E.2d 115 (1979).

Cited in Stephens v. Department of Transp., 170 Ga. App. 784, 318 S.E.2d 167 (1984); DOT v. Samuels, 185 Ga. App. 871, 366 S.E.2d 181 (1988).

Notes of Decisions

Cited in 9 cases, 1984–2016 · 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 20× “” OCGA § 32-3-13 (b), (c). 5 This Code section further provides that nothing contained therein “shall be construed as in any way affecting the title acquired by the condemnor by virtue of the declaration of taking[.”

Adams v. Cobb Cnty., 363 S.E.2d 260 (Ga. Ct. App. 1987). · cites it 4× “See OCGA § 32-3-13 (b). By filing a timely notice of appeal, however, appellants secured the right to a jury trial as to the amount of just and adequate compensation.”

Lil Champ Food Stores, Inc. v. Dep't of Transp., 498 S.E.2d 94 (Ga. Ct. App. 1998). · cites it 2× “, the condemnee fails to file a timely appeal on the issue of value . . ., the trial court is required to ‘enter judgment in favor of the condemnee and against the condemnor for the sum of money deposited by the condemnor with the declaration of taking.”

Stephens v. Dep't of Transp., 318 S.E.2d 167 (Ga. Ct. App. 1984). · cites it 2× “” *787 OCGA § 32-3-13 (a). Thus, the opportunity to contest legal issues is afforded to condemnees by OCGA § 32-3-11, which authorizes the superior court, rather than a special master, to set aside, vacate, and annul the declaration of taking and any title acquired thereby on…”

Eagle's Landing Christian Church, Inc. v. Henry Cnty., 708 S.E.2d 23 (Ga. Ct. App. 2011). · cites it 2× “We note that the citation of condemnation issued by the trial court included instructions for filing a notice of appeal to challenge the award of compensation, and these instructions specifically direct the condemnee to file a “notice of appeal,” in accordance with OCGA §§…”

Whigham v. City of Atlanta, 586 S.E.2d 412 (Ga. Ct. App. 2003). · cites it 2× “OCGA § 32-3-13 (b). 4 As OCGA § 9-11-4 (a) would not be applicable in the instant case, and Whigham was informed of her appellate rights with regard to condemnation actions already taken, the trial court did not err in denying Whigham’s motion to dismiss on the basis urged.”

Chamlee v. Dep't of Transp., 375 S.E.2d 626 (Ga. Ct. App. 1988). “While we agree that the first statement was inaccurate (the petition having been signed on July 7 but not filed until September 7) and that the second statement could have been more artfully drawn (as the trial court was no doubt referring to the power of the commissioner to…”

Dep't of Transp. v. Samuels, 366 S.E.2d 181 (Ga. Ct. App. 1988). · cites it 2× “” OCGA § 32-3-13 (b). That award then becomes res judicata with respect to the issue of just and adequate compensation.”

Fincher Road Investments, Lllp v. City of Canton, 779 S.E.2d 717 (Ga. Ct. App. 2015). · cites it 4× “22 Likewise, OCGA § 32-3-13 provides: “No judgment of any court and no order or ruling of the judge thereof shall be necessary to give *507 effect to the declaration of taking provided for in Code Section 32-3-6; but the same shall be self-executing, subject, however, to the…”

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.