2018 Georgia Code Annotated

TITLE 22 EMINENT DOMAIN

Chap.

• 1. General Provisions, 22-1-1 through 22-1-15.
• 2. Condemnation Procedure Generally, 22-2-1 through 22-2-142.
• 3. Exercise of Power of Eminent Domain for Special Purposes, 22-3-1 through 22-3-162.
• 4. Relocation of Persons, Businesses, etc., Displaced by Federal-Aid Projects, 22-4-1 through 22-4-15.

Chapter 1. General Provisions, 22-1-1 through 22-1-15.

• 22-1-1. Definitions.
• 22-1-2. Nature of right of eminent domain; property to be put to public use.
• 22-1-3. Power of General Assembly to determine when right of eminent domain may be exercised; duty of courts as to laws authorizing the condemnation of private property for private uses.
• 22-1-4. Manner in which General Assembly may exercise right of eminent domain.
• 22-1-5. Requirement of just compensation as a limitation on exercise of power of eminent domain.
• 22-1-6. Right of persons to take or damage private property upon payment of just and adequate compensation.
• 22-1-7. Effect of failure to agree on compensation.
• 22-1-8. Exclusive nature of title.
• 22-1-9. Policies and practices guiding exercise of eminent domain.
• 22-1-10. Duties of condemnor prior to exercise of eminent domain; rights of condemnee; exceptions.
• 22-1-10.1. Time for bringing condemnation action; exceptions.
• 22-1-11. Determination of authority to exercise public domain.
• 22-1-12. Reimbursement to property owner of reasonable costs and expenses associated with condemnation proceedings.
• 22-1-13. Compensation to condemnee for relocation damages and expenses.
• 22-1-14. Valuation of condemned property.
• 22-1-15. Process for condemnor to condemn property for public use; requirements; service.

Chapter 2. Condemnation Procedure Generally, 22-2-1 through 22-2-142.

Article 1 Proceeding Before Assessors.

Part 1 GENERAL PROVISIONS.

• 22-2-1. "Condemnor" defined.

Part 2 NOTICE OF CONDEMNATION.

• 22-2-20. Persons entitled to receive notice generally.
• 22-2-21. Direction of notice where owner a minor or under disability; appointment of guardian ad litem.
• 22-2-22. Serving notice on trustees of trust property and remaindermen.
• 22-2-23. Direction of notice where owner or guardian a nonresident; representation by judge of the probate court of nonresident owners and others whose addresses are unknown.
• 22-2-24. Direction of notice where owner unknown or where unknown remaindermen possible; right of owner to second assessment upon his appearance; return of surplus award to condemnor.
• 22-2-25. Manner and time of service.
• 22-2-26. Contents of notice.

Part 3 SELECTION AND OATH OF ASSESSORS.

• 22-2-40. Selection of assessors generally; authority.
• 22-2-41. Selection of assessor by judge of the probate court where owners or their representatives fail to select an assessor, where owner unknown, etc.; selection of assessor by clerk of superior court where judge of the probate court disqualified; rights of owners in selecting assessor.
• 22-2-42. Failure of parties' nominees to select third assessor.
• 22-2-43. Oath of assessors.

Part 4 HEARING.

• 22-2-60. Fixing of time for hearing by assessors; notification of parties.
• 22-2-61. Power of assessors to subpoena and to compel attendance; right of parties to be represented.
• 22-2-62. Evidence to be heard by assessors generally.
• 22-2-63. Manner of assessment.
• 22-2-64. Entry of findings by assessors.
• 22-2-65. Filing and recording of award.

Part 5 APPEALS AND FINAL JUDGMENT.

• 22-2-80. Appeal to jury in superior court - Generally.
• 22-2-81. Appeal to jury in superior court - Effect of appeal on condemnor's right to use condemned property or interest; payment, tender, or deposit of award as condition on condemnor's right to use property or interest.
• 22-2-82. Appeal to jury in superior court - Effect of tender, payment, or acceptance of assessors' award on right of appeal; effect of discrepancy between award and final judgment.
• 22-2-83. Issuance of execution on award or judgment.
• 22-2-84. Entry of notice and award on minutes of court; payment of costs.
• 22-2-84.1. Appeals to superior court from assessor's award; reasonable expenses; liability of costs relating to issues of law [Repealed].
• 22-2-85. Extent of interest obtainable by condemnor upon condemnation.
• 22-2-86. Manner of payment where owner a minor or under disability and without a legal representative.

Article 2 Proceeding Before Special Master.

• 22-2-100. "Condemning body" and "condemnor" defined.
• 22-2-101. Effect of article on other methods of condemnation; intent of article.
• 22-2-102. Filing of petition of condemnation; order for parties to appear before special master, make known their rights or interests, and other matters; time of hearing before special master; directions for notice and service thereof; attachment of process to petition; cause to proceed in rem.
• 22-2-102.1. Petitioning superior court for judgment in rem.
• 22-2-102.2. Contents of petition.
• 22-2-103. Appointment of special master - Generally.
• 22-2-104. Appointment of special master - Form to be used in appointing special master.
• 22-2-105. Appointment of special master - Oath of special master.
• 22-2-106. Compensation of special master; allowance by judge of reasonable time for special master to inspect premises.
• 22-2-107. Service of process; award by special master and judgment of court conclusive as to right of condemnor to take or damage property or interest.
• 22-2-108. Powers and duties of special master generally.
• 22-2-108.1. Special master panel; selection; notice; powers and duties.
• 22-2-109. Factors to be considered in determining or estimating just and adequate compensation; determination of date of taking; inclusion of date of approval of original location of highway in petition for condemnation; newspaper advertisement.
• 22-2-110. Award of special master and special master panel - Time of filing; award to become part of record of proceedings; vesting of title in condemnor upon deposit of award into court; form of award; use in subsequent appeal.
• 22-2-111. Award of special master or special master panel - Incorporation of award into judgment of court.
• 22-2-112. Award of special master - Appeal of award generally; condemnee's right to jury trial on issue of just and adequate compensation.
• 22-2-113. Award of special master or special master panel - Effect of tender, payment, or acceptance of award on right of appeal; right of owners of separate and distinct parcels to file separate appeal; effect of discrepancy between award of special master and verdict of jury; issuance of execution upon award or judgment.
• 22-2-114. Effect of deposit of award into court registry; conflicting claims as to deposit.

Article 3 Proceeding Before Court.

• 22-2-130. Authority to petition superior court for judgment in rem; applicability to acquisition of public property.
• 22-2-131. Contents of petition.
• 22-2-132. Order to appear, etc.; directions for notice and service thereof; attachment of process to petition; cause to proceed as in rem.
• 22-2-133. Service of process - Generally.
• 22-2-134. Service of process - Discretion of judge to cause additional notice or service to be given; notification of tax collector or tax commissioner.
• 22-2-135. Appointment of assessors; discretion of judge to have issues tried in first instance by jury.
• 22-2-136. Appeal from assessors' award.
• 22-2-137. Factors to be considered in determining or estimating just and adequate compensation; determination of date of taking; inclusion of date of approval of original location of highway in petition for condemnation; newspaper advertisement.
• 22-2-138. Scope of award or verdict; molding of award or verdict; power of court to adjudge condemnation of title upon deposit of amount of award or verdict into court; disposition of award by court.
• 22-2-139. Right of interested persons to intervene; effect of subsequent proceedings on rights of condemnor.
• 22-2-140. Notification of court by tax collector or tax commissioner of taxes due on property or interest; actions by court to discharge lien.
• 22-2-141. Filing and recording of award, decree, and description of condemned property or interest or copies thereof; payment of fees to clerk of superior court.
• 22-2-142. Intent of article regarding effect on other methods of condemnation.

Chapter 3. Exercise of Power of Eminent Domain for Special Purposes, 22-3-1 through 22-3-162.

Article 1 Construction, Maintenance, etc., of

Telegraph and Telephone Lines Along Railroad Rights of Way.

• 22-3-1. Direction and contents of notice of condemnation.
• 22-3-2. Manner of service of notice.
• 22-3-3. Necessity for only one proceeding; location of proceedings; form of assessors' findings.
• 22-3-4. Location of hearing before assessors; evidence upon which findings may be based.

Article 2 Construction and Operation of Electric

Power Plants. Part 1

• 22-3-20. Power of persons operating or constructing electric plants to purchase, lease, or condemn rights of way and easements.
• 22-3-21. Payment of compensation or damages.
• 22-3-22. Condemnation of mills, factories, and dams.

Part 2 ACQUISITION OF RIGHT TO FLOOD ROADS AND HIGHWAYS.

• 22-3-40. "Public road" and "public highway" defined.
• 22-3-41. Power to acquire right to flood roads and highways.
• 22-3-42. Notice of intention to condemn.
• 22-3-43. Condemnation procedure; authorization of officers to act for state or county.
• 22-3-44. Appeal to superior court.
• 22-3-45. Rights of condemnor pending appeal.
• 22-3-46. Restrictions on use of condemned road or highway by condemnor.
• 22-3-47. Effect of part on rights of action of property owners and public utilities.

Article 3 Construction and Operation of Waterworks and Sanitary Sewage Systems.

• 22-3-60. Authority to lease, purchase, or condemn property or receive donations for waterworks and sewage systems.
• 22-3-61. Condemnation procedure.
• 22-3-62. Applicability of article.
• 22-3-63. Authority to condemn property for purpose of constructing a waterworks, water distribution system, sewage collection system, or sewage treatment and disposal system.

Article 4 Construction and Operation of Petroleum Pipelines.

• 22-3-80. Definitions.
• 22-3-81. Right to acquire property or property interests by eminent domain.
• 22-3-82. General certificate and permitting requirements.
• 22-3-83. Certificate of public convenience and necessity; requirements.
• 22-3-84. Notice to landowner.
• 22-3-85. Use of condemnation procedures.

Article 4A Natural or Artificial Gas.

• 22-3-95. Eminent domain use by natural gas transporters or distributors.

Article 5 Construction, Operation, etc., of Water-

shed Projects, Flood-Control Projects, etc., by Counties.

• 22-3-100. Authority of counties to exercise power of eminent domain.
• 22-3-101. Condemnation procedure.
• 22-3-102. Requirement of condemnation of fee simple title to land to be flooded permanently.

Article 6 Construction of Lighthouses, Beacons, etc., by United States Government.

• 22-3-120. Condemnation for construction of lighthouses, beacons, etc.
• 22-3-121. Acquisition of right to enter lands and clear or cut timber for purposes of carrying out survey of coasts - Generally.
• 22-3-122. Acquisition of right to enter lands and clear or cut timber for purposes of carrying out survey of coasts - Manner of assessment where parties cannot agree on compensation.

Article 7 Ownership or Operation of Utility Systems.

• 22-3-140. Authorization to utilize the declaration of taking method of eminent domain.

Article 8 Electric Transmission Lines.

• 22-3-160. "Utility" defined.
• 22-3-160.1. Public hearings required; exception to hearing requirement.
• 22-3-161. Selection of route for electric transmission line; settlement negotiations with property owners.
• 22-3-162. Application; additional compensation or reconveyance.

Chapter 4. Relocation of Persons, Businesses, etc., Displaced by Federal-Aid Projects, 22-4-1 through 22-4-15.

• 22-4-1. Short title; "Uniform Act" defined.
• 22-4-2. Legislative findings and declaration of necessity.
• 22-4-3. Applicability of Code Section 22-1-1 to chapter.
• 22-4-4. Payments by public entities for relocation and replacement housing expenses.
• 22-4-5. Providing of relocation assistance advisory services by public entities.
• 22-4-6. Payments by public entities for expenses incidental to property transfer, for mortgage penalties, and for property taxes.
• 22-4-7. Payments by state, public agencies, etc., for litigation expenses - Condemnation proceedings.
• 22-4-8. Payments by public entities for litigation expenses - Inverse condemnation proceedings.
• 22-4-9. Policies guiding acquisition of real property for federal-aid projects.
• 22-4-10. Policies guiding acquisition of buildings, structures, and other improvements for federal-aid projects.
• 22-4-11. Adoption of rules by state, public agencies, etc.; appeal and review.
• 22-4-11.1. Exercise of powers granted under this chapter by municipal corporations with population of 350,000 or more; effect of this Code section on other laws.
• 22-4-12. Functions provided in chapter as public purposes; effect of chapter on power of state, public agencies, etc., to tax.
• 22-4-13. Payments under chapter as income or resources.
• 22-4-14. Effect of chapter on condemnation proceedings.
• 22-4-15. Authority of public entities to provide replacement housing when federal-aid project cannot proceed to actual construction.