O.C.G.A.

O.C.G.A. § 44-9-44 (2019)

Appeals from award of assessors; jury trial

✓ 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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Either party shall have the right to appeal from the award of the board of assessors to a jury in the superior court; and such appeals shall be made in accordance with and shall be controlled by Part 5 of Article 1 of Chapter 2 of Title 22.

History

Code 1933, § 83-105, enacted by Ga. L. 1967, p. 143, § 2.

Annotations

JUDICIAL DECISIONS Appeal from award of assessors. - Before a right of way could be granted, either the condemnee or condemnor had the right to appeal a board of assessor’s award properly filed and recorded with the clerk of court; however, because the board of assessors did not file such an award, the 10-day time period for appeal-

ing a properly filed and recorded award did not start running, and, thus, the condemnor did not exhaust the appellate process and obtain a final judgment. 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× “” 9 Absent the filing and recording of the assessors’ award, the time is not ripe for the filing of an appeal under OCGA § 44-9-44 in that such appeal must be filed within ten days of the filing and recording of the award.”

Cline v. McMullan, 431 S.E.2d 368 (Ga. 1993). · cites it 2× “OCGA § 44-9-44. The key phrase in this statute is “such appeals shall be made .”

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 §§ 44-9-44 and 44-9-46. OCGA § 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.