Within 30 days after the award of condemnation is made pursuant to Part 4 of Article 1 of Chapter 2 of this title or pursuant to Article 2 of Chapter 2 of this title, any party may appeal to the superior court of the county in which the public roads or highways lie by filing a petition for review with the superior court. The trial on such an appeal shall be de novo. The proceedings on the petition for review shall be governed by Chapter 3 of Title 5.
History. Ga. L. 1925, p. 272, § 1; Code 1933, § 36-805; Ga. L. 2022, p. 767, § 2-15/HB 916.
Delayed effective date.
Code Section 22-3-44 is set out twice in this Code. This version is effective July 1, 2023. For version effective until July 1, 2023, see the preceding version.
The 2022 amendment, effective July 1, 2023, rewrote this Code section, which read: “Within 30 days after the award of condemnation is made pursuant to Part 4 of Article 1 of Chapter 2 of this title or pursuant to Article 2 of Chapter 2 of this title, any party may appeal to the superior court of the county in which the public roads or highways lie by filing with the judge of the probate court of the county a written notice of appeal. Within ten days after his receipt of the notice, the judge shall transmit the notice to the superior court. The trial on such an appeal shall be de novo.” See Editor’s notes for applicability.
Editor’s notes.
Ga. L. 2022, p. 767, § 3-1/HB 916, not codified by the General Assembly, makes this Code section applicable to petitions for review filed in superior or state court on or after July 1, 2023.
Structure Georgia Code
Chapter 3 - Exercise of Power of Eminent Domain for Special Purposes
Article 2 - Construction and Operation of Electric Power Plants
Part 2 - Acquisition of Right to Flood Roads and Highways
§ 22-3-40. “Public Road” and “Public Highway” Defined
§ 22-3-41. Power to Acquire Right to Flood Roads and Highways
§ 22-3-42. Notice of Intention to Condemn
§ 22-3-43. Condemnation Procedure; Authorization of Officers to Act for State or County
§ 22-3-44. [Effective Until July 1, 2023. See note.] Appeal to Superior Court
§ 22-3-44. [Effective July 1, 2023. See note.] Appeal to Superior Court
§ 22-3-45. Rights of Condemnor Pending Appeal
§ 22-3-46. Restrictions on Use of Condemned Road or Highway by Condemnor
§ 22-3-47. Effect of Part on Rights of Action of Property Owners and Public Utilities