O.C.G.A.
O.C.G.A.

O.C.G.A. § 8-3-31 (2019)

Eminent domain

✓ 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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An authority shall have the right to acquire by the exercise of the power of eminent domain any real property which it may deem necessary for its purposes under this article after the adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. An authority may exercise the power of eminent domain in the manner provided in Title 22; or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain. Property already devoted to a public use may be acquired, except that no real property belonging to the city, the county, the state, or any political subdivision thereof may be acquired without the consent of such city, county, state, or other political subdivision.

History

Ga. L. 1937, p. 210, § 12.

Annotations

JUDICIAL DECISIONS Nature and exercise of power. - Right to take private property by the exercise of the power of eminent domain is an element of sovereignty and will be upheld only when every prerequisite to its exercise has been fully met. Scheuer v. Housing Auth., 214 Ga. 842, 108 S.E.2d 264, 1959 Ga. LEXIS 369 (1959). Conferring power within legislature’s power. - Conferring of the right of eminent domain upon housing authorities by Ga. L. 1937, p. 210 (see now O.C.G.A. § 8-3-30 et seq.) was within the power of the General Assembly.

Williamson v. Housing Auth., 186 Ga. 673, 199 S.E. 43, 1938 Ga. LEXIS 684 (1938). No judicial interference absent bad faith or abuse of power. - Selection of what and how much property will be taken for a needed public use by a condemning authority will not be interfered with or controlled by the courts unless such selection is made in bad faith or beyond the power conferred by law. Varnadoe v. Housing Auth., 221 Ga. 467, 145 S.E.2d 493, 1965 Ga. LEXIS 498 (1965).

RESEARCH REFERENCES ALR. Eminent overcoming

domain: specific

possibility obstacles

of to

contemplated use as element in determining existence of necessary public use, 22 A.L.R.4th 840.