O.C.G.A. § 32-3-20 (2019)
Effect of article on other methods of condemnation
In cases involving condemnation of private property for public road purposes or any other public transportation purpose, this article shall be supplementary to and cumulative of the methods of procedure for condemnation of private property prescribed in Chapter 2 of Title 22.
History
(Code 1933, § 95A-617, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1979, p. 973, § 6.)
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ARTICLE 2 ACQUISITION OF RIGHTS OF WAY AND EASEMENTS FOR FEDERAL PARKWAYS
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.
Sec.
Concurrent jurisdiction conceded to United States government; taxing power of state reserved.
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 fed-
erally 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).
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 con-
demning 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).