O.C.G.A. § 32-8-1 (2019)
Relocation assistance in accordance with Uniform Act; real property acquisition
(a) As used in this chapter, the term ‘‘Uniform Act’’ means the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended by the Uniform Relocation Act Amendments of 1987, Title IV of Public Law 100-17. The department, as required by the Uniform Act: (1) Shall make or approve payments, in accordance with Section 210 of the Uniform Act, for relocation expenses and replacement housing expenses and shall provide relocation assistance advisory services outlined in Section 205 of the Uniform Act; and (2) Shall make or approve payments, in accordance with Section 305(2) of the Uniform Act, to any person, family, business, farm operation, or nonprofit organization whose real property has been acquired by the department or is subject to a condemnation proceeding brought by the department for any federal-aid project in the state, the costs of which are now or hereafter financed in whole or in part from federal funds allocated to the department:
(A) For expenses incident to the transfer of real property acquired by the department, prepayment of mortgage penalties, and a pro rata portion of real property taxes on real property acquired by the department; (B) For litigation expenses actually incurred by the condemnee in any condemnation proceeding brought by the department if the final judgment is that the department cannot acquire the real property by condemnation or the condemnation proceeding is formally abandoned by the department; or (C) For litigation expenses incurred by the plaintiff in any inverse condemnation proceeding brought against the department in which judgment is rendered in favor of the plaintiff. (b) In acquiring real property for any federal-aid project, the costs of which are financed in whole or in part from federal funds allocated to the department, the department shall be guided to the greatest extent practicable under state law by the land acquisition policies in Section 301 of the Uniform Act and the provisions of Section 302 of the Uniform Act. (c) Nothing contained in this Code section shall be construed as creating in any condemnation proceeding brought under the power of eminent domain any element of value or of damage.
History
Ga. L. 1966, p. 588, § 1; Ga. L. 1969, p. 495, §§ 3, 6; Ga. L. 1972, p. 931, §§ 3-10; Code 1933, § 95A-623, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1982, p. 3, § 32; Ga. L. 1988, p. 1737, § 3.
U.S. Code. - The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in this Code section, is codified as 42 U.S.C. § 4601 et seq.
Annotations
JUDICIAL DECISIONS Department need not abide by federal prohibition of compensation for enhancement. - By requiring the Department of Transportation to be guided by federal law ‘‘to the greatest extent practicable’’ in the department’s condemnation procedures, subsection (b) of O.C.G.A. § 32-8-1 does not thereby require the department to abide by the federal law’s prohibition of compensation for enhancement by reason of taking and does not affect the judiciary’s power to determine what constitutes just and adequate compensation. DOT v. White, 173 Ga. App. 68, 325 S.E.2d 397 (1984). Relocation expenses part of ‘‘just and adequate compensation.’’ - 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). Relocation expenses may be recovered in condemnation proceeding. - When the case does not involve payments
under O.C.G.A. § 32-8-1, the condemnee would be able to litigate the question of the condemnee’s business relocation expenses as an element of ‘‘just and adequate compensation’’ in the condemnation proceedings under O.C.G.A. § 32-3-1 et seq. 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). Appeal of relocation expenses award under the Administrative Pro-
cedure Act. - If a condemnee is dissatisfied with an award of relocation expenses under O.C.G.A. § 32-8-1, the award may be appealed under the Administrative Procedure Act, O.C.G.A. Ch. 13, T. 50. DOT v. Gibson, 251 Ga. 66, 303 S.E.2d 19 (1983). Attorney fees. - O.C.G.A. § 32-8-1 provides a remedy to recover attorney fees separate and apart from a condemnation proceeding where just and adequate compensation is at issue. DOT v. B & G Realty, Inc., 197 Ga. App. 613, 398 S.E.2d 762 (1990). Cited in DOT v. Doss, 238 Ga. 480, 233 S.E.2d 144 (1977); DOT v. Rushing, 143 Ga. App. 235, 237 S.E.2d 722 (1977).