O.C.G.A.

O.C.G.A. § 44-9-43 (2019)

Show cause order; selection of assessors; hearing before assessors

✓ 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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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.

History

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

Annotations

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 Ga. LEXIS 442 (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 Ga. App. LEXIS 486 (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 Ga. App. LEXIS 486 (2002).

Notes of Decisions

Cited in 4 cases, 1993–2002 · leading case: Morrison v. Derdziak, 564 S.E.2d 500 (Ga. Ct. App. 2002).

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Morrison v. Derdziak, 564 S.E.2d 500 (Ga. Ct. App. 2002). · cites it 6× “11 We remand this case for the filing and recording of the assessors’ award pursuant to OCGA §§ 44-9-43, 22-2-64, and 22-2-65. 12 We note as we do so that a notice of appeal to a jury in superior court filed by Morrison within ten days of the filing and recording of the…”

Cline v. McMullan, 431 S.E.2d 368 (Ga. 1993). · cites it 2× “The trial court held a hearing pursuant to OCGA § 44-9-43 and determined that the petition was reasonable.”

Hanson v. Tallant, 461 S.E.2d 225 (Ga. 1995). · cites it 2× “* At a hearing held pursuant to OCGA § 44-9-43, the trial judge found that no reasonable means of access existed and ordered the parties to name assessors.”

Atlanta-East, Inc. v. Tate Mountain Assocs., Inc., 462 S.E.2d 613 (Ga. 1995). · cites it 2× “OCGA § 44-9-43. OCGA §§ 44-9-44 and 44-9-46.”

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.