If a person who is authorized to exercise the power of eminent domain cannot by contract procure the property or the easement, right of way, waterway, franchise, or other interest sought to be condemned, the person may take or damage the property or interest upon paying or tendering to the owner thereof just and adequate compensation.
History. Ga. L. 1894, p. 95, § 2; Civil Code 1895, § 4658; Civil Code 1910, § 5207; Code 1933, § 36-302.
Law reviews.
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