Syfert Injury Law Firm
Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448The amount of compensation to be assessed against the condemnor for the private way desired shall be determined by a verdict of the jury; and the case shall stand for trial at the first term after service is perfected or at any subsequent term at which the case may be reached for trial. If an issue is made by pleadings filed by any defendant regarding the condemnor's right to have a private way established or with respect to the location or width thereof, such issues shall likewise be determined by the jury. Damages assessed shall be paid into the court and shall be disbursed by the clerk in accordance with the court's order regarding the party or parties entitled thereto.
(Code 1933, § 83-106, enacted by Ga. L. 1967, p. 143, § 2.)
- If condemnee filed an appeal to a jury after the Board of Assessors made its award, as the condemnee had a right to do, the trial court jury had the right to determine more than just the value of the right of way; it could also consider the issue of damages, if any, that the condemnee might have sustained. 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).
Total Results: 2
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 § 44-9-43. OCGA §§ 44-9-44 and 44-9-46. OCGA § 44-9-46.
Court: Supreme Court of Georgia | Date Filed: 1995-09-11
Citation: 461 S.E.2d 225, 265 Ga. 669
Snippet: other party appealed under OCGA §§ 44-9-44 and 44-9-46 to seek a jury determination of damages, Tallant's