Georgia Code
Article 2 - Proceeding Before Special Master
§ 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

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‘‘AWARD The special master appointed and chosen by the court to hear evidence and give full consideration to all matters touching upon the value of the property or interest sought to be condemned, as shown by the description of the property or interest in the case of (condemning body) versus (acres of land or other described interest in said land) and (condemnee), Civil action file no. in superior court, having first taken the oath as required by law of the special master, the same having been filed with the clerk of the Superior Court of County, and the special master panel, in the event such a panel exists, having heard evidence under oath and given consideration to the value of such property or interest on the day of , at : .M., as provided for in the order of the court, do decide and recommend to the court as follows: (1) I/We find and award to , condemnee, the sum of $, as the actual market value of the property or interest sought to be condemned; (2) I/We find consequential damages to the remaining property or interest in the amount of $; (3) I/We find consequential benefits to the remaining property or interest in the amount of $ (never to exceed the amount of the consequential damages); (4) I/We find and award to , condemnee, the sum of $, as the value of any associated moving costs; (5) Balancing the consequential benefits against the consequential damages, I/we find and award to the condemnee in this case in the total sum of $, and I/we respectfully recommend to the court that the said property or interest be condemned by a judgment in rem to the use of the condemnor upon the payment of the last stated sum into the registry of the court, subject to the demands of the condemnee. This day of , . Special Master Assessor Assessor’’
History. Ga. L. 1957, p. 387, § 12; Ga. L. 1984, p. 682, § 3; Ga. L. 1998, p. 1539, § 5; Ga. L. 2006, p. 39, § 12/HB 1313; Ga. L. 2016, p. 864, § 22/HB 737.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1998, in the undesignated language in the form in subsection (c), “evidence and” was substituted for “evidence,”, “and” was deleted following “in superior court,” and a comma was added following “Superior Court of _______________ County”.
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 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).
For survey article on zoning and land use law, see 60 Mercer L. Rev. 457 (2008).

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