In all actions where a condemning authority exercises the power of eminent domain, the court having jurisdiction of a proceeding instituted by a condemnor to acquire real property by condemnation shall award the owner of any right or title to or interest in such real property such sum as will in the opinion of the court reimburse such owner for his or her reasonable costs and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the condemnation proceedings, if:
History. Code 1981, § 22-1-12 , enacted by Ga. L. 2006, p. 39, § 5/HB 1313.
Editor’s notes.
Ga. L. 2006, p. 39, § 1/HB 1313, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as ‘The Landowner’s Bill of Rights and Private Property Protection Act.’ ”
Ga. L. 2006, p. 39, § 25/HB 1313, not codified by the General Assembly, provides that the amendment to this Code section shall apply to those condemnation proceedings filed on or after February 9, 2006, where title has not vested in the condemning authority unless constitutionally prohibited.
Law reviews.
For article on 2006 enactment of this Code section, see 23 Ga. St. U. L. Rev. 157 (2006).
For annual survey on real property law, see 61 Mercer L. Rev. 301 (2009).
For survey article on real property law, see 67 Mercer L. Rev. 193 (2015).
For annual survey of real property law, see 68 Mercer L. Rev. 231 (2016).
Structure Georgia Code
Chapter 1 - General Provisions
§ 22-1-2. Nature of Right of Eminent Domain; Property to Be Put to Public Use
§ 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
§ 22-1-7. 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
§ 22-1-13. 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