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

TITLE 44 PROPERTY

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

ARTICLE 3 PRIVATE WAYS

44-9-44. Appeals from award of assessors; jury trial.

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.

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

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 appealing 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).

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

Cases Citing Georgia Code 44-9-44 From Courtlistener.com

Total Results: 3

Atlanta-East, Inc. v. Tate Mountain Associates, Inc.

Court: Supreme Court of Georgia | Date Filed: 1995-10-16

Citation: 265 Ga. 742, 462 S.E.2d 613, 95 Fulton County D. Rep. 3216, 1995 Ga. LEXIS 844

Snippet: OCGA § 44-9-40 (b). OCGA § 44-9-43. OCGA §§ 44-9-44 and 44-9-46. OCGA § 44-9-46.

Hanson v. Tallant

Court: Supreme Court of Georgia | Date Filed: 1995-09-11

Citation: 461 S.E.2d 225, 265 Ga. 669

Snippet: Hanson nor any other party appealed under OCGA §§ 44-9-44 and 44-9-46 to seek a jury determination of damages

Cline v. McMullan

Court: Supreme Court of Georgia | Date Filed: 1993-07-12

Citation: 263 Ga. 321, 431 S.E.2d 368, 93 Fulton County D. Rep. 2431, 1993 Ga. LEXIS 520

Snippet: of Article 1 of Chapter 2 of Title 22. OCGA § 44-9-44. The key phrase in this statute is “such appeals