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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).

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