O.C.G.A.

O.C.G.A. § 44-9-46 (2019)

Determination of amount of compensation and other issues by jury; payment and disposition of damages

✓ 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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The 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.

History

Code 1933, § 83-106, enacted by Ga. L. 1967, p. 143, § 2.

Annotations

JUDICIAL DECISIONS Determination of amount of compensation. - 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 Ga. App. LEXIS 486 (2002).

Notes of Decisions

Cited in 2 cases, 1995–2002 · 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 4× “” 15 Clearly, OCGA § 44-9-46 on its face permits a jury to also determine whether a petitioner has a legal right to have a private way.”

Atlanta-East, Inc. v. Tate Mountain Assocs., Inc., 462 S.E.2d 613 (Ga. 1995). · cites it 2× “…is so out of proportion to value of the estate). OCGA § 44-9-40 (b). OCGA § 44-9-43. 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.