In order to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion in the courts, to assure consistent treatment for property owners, and to promote public confidence in land acquisition practices, all condemnations and potential condemnations shall, to the greatest extent practicable, be guided by the following policies and practices:
History. Code 1981, § 22-1-9 , enacted by Ga. L. 2006, p. 39, § 5/HB 1313; Ga. L. 2013, p. 141, § 22/HB 79; Ga. L. 2018, p. 1112, § 22/SB 365.
The 2018 amendment, effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, substituted “property as part of the compensation offered” for “property as of the compensation offered” at the end of the last sentence in paragraph (3).
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 only apply to petitions for condemnation filed on or after April 4, 2006.
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, see 69 Mercer L. Rev. 251 (2017).
For annual survey on real property law, see 70 Mercer L. Rev. 209 (2018).
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