Georgia Code
Article 2 - Proceeding Before Special Master
§ 22-2-102.1. Petitioning Superior Court for Judgment in Rem

In addition to the requirements set forth in Code Section 22-1-10, whenever it shall be necessary for such condemning body to take or damage private property, or any interest or easement therein, in pursuance of any law so authorizing, for any public use, and where, by reason of the necessities of the public needs, of which the condemning body shall be the exclusive judge, and it shall be desirable for these reasons to have a quick and effective adjudication of the just and adequate compensation to be paid the owner or owners of such property before taking the same, and it shall be desirable to have a judicial ascertainment and judicial supervision of all questions and proceedings connected with the matter, such condemning body may, through any authorized representative, petition the superior court of the county having jurisdiction, for a judgment in rem against said property, or any easement or other interest in said property, condemning the same in fee simple to the use of the petitioner upon payment of just and adequate compensation therefor.
History. Ga. L. 1957, p. 387, § 3; Code 1981, § 22-2-102.1 , enacted by Ga. L. 1983, p. 3, § 16.1; Ga. L. 2006, p. 39, § 9/HB 1313.
Editor’s notes.
The provisions of this Code section were previously enacted in substantially similar form by Ga. L. 1957, p. 387, § 3. However, those provisions were not enacted as part of the original Code by the Code enactment Act (Ga. L. 1981, Ex. Sess., p. 8).
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 note, “Standards of Judicial Review of Condemnation Proceedings Under Georgia’s Special Master’s Act,” see 20 Ga. St. B.J. 82 (1983).
For article on 2006 amendment of this Code section, see 23 Ga. St. U. L. Rev. 157 (2006).
For survey article on zoning and land use law, see 59 Mercer L. Rev. 493 (2007).

Structure Georgia Code