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2018 Georgia Code 44-9-43 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-9-43 Case Law from Google Scholar Amendments to OCGA 44-9-43

TITLE 44 PROPERTY

Section 9. Easements, 44-9-1 through 44-9-92.

ARTICLE 3 PRIVATE WAYS

44-9-43. Show cause order; selection of assessors; hearing before assessors.

Upon the filing of the petition for condemnation, the judge of the superior court, after taking into consideration the requirements of service provided for in Code Section 44-9-41, shall make and enter up an order requiring the owner or owners of the property to show cause before him on a day certain as to why the easement for private way should not be condemned and requiring the said owner or owners to name an assessor to act on his or their behalf. On the return day, the judge shall fix the time and place for a hearing before the board of assessors; but the same may be changed by the board of assessors in accordance with Code Section 22-2-60. In all other respects, the hearing before the board of assessors, together with the assessment of damages by them, shall be as is provided for in Part 4 of Article 1 of Chapter 2 of Title 22.

(Code 1933, § 83-104, enacted by Ga. L. 1967, p. 143, § 2.)

JUDICIAL DECISIONS

Word "established" means laying out of way under order of the probate judge. Watkins v. Country Club, 120 Ga. 45, 47 S.E. 538 (1904).

Condemnation procedure.

- After the condemnor's petition for right of way was filed, the trial court, assuming the petition was properly served, had to enter an order requiring the condemnee to show cause why the easement for the private way should not be condemned, and, thus, the trial court's evidentiary hearing was a show cause hearing, and neither a trial nor other proceeding involving a final judgment. Morrison v. Derdziak, 255 Ga. App. 89, 564 S.E.2d 500 (2002).

Selection of assessors.

- Statutory procedure required that once the condemnee failed to show a right of way should not be granted out of necessity the court was required to submit the issue of compensation for such private way to a board of assessors named in the court's order approving the private way and the court followed that procedure by specifically naming two assessors for that purpose in its order. Morrison v. Derdziak, 255 Ga. App. 89, 564 S.E.2d 500 (2002).

Cited in Arnold v. Selected Sites, Inc., 229 Ga. 468, 192 S.E.2d 260 (1972).

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