Upon the filing of the petition for condemnation, the judge of the superior court, after taking into consideration the requirements of service provided for in Code Section 44-9-41, shall make and enter up an order requiring the owner or owners of the property to show cause before him on a day certain as to why the easement for private way should not be condemned and requiring the said owner or owners to name an assessor to act on his or their behalf. On the return day, the judge shall fix the time and place for a hearing before the board of assessors; but the same may be changed by the board of assessors in accordance with Code Section 22-2-60. In all other respects, the hearing before the board of assessors, together with the assessment of damages by them, shall be as is provided for in Part 4 of Article 1 of Chapter 2 of Title 22.
History. Code 1933, § 83-104, enacted by Ga. L. 1967, p. 143, § 2.
Structure Georgia Code
§ 44-9-41. Contents of Petition; Manner of Service and Advertisement; Fees
§ 44-9-42. Selection of Assessors
§ 44-9-43. Show Cause Order; Selection of Assessors; Hearing Before Assessors
§ 44-9-44. Appeals From Award of Assessors; Jury Trial
§ 44-9-45. Maintenance of Private Way by Condemnor; Failure to Maintain as Abandonment
§ 44-9-48. Agreements Between Parties as to Payment of Compensation
§ 44-9-49. Establishment of Private Way by Agreement Between Parties
§ 44-9-50. Recording of Private Way; Protection of Owner’s Use
§ 44-9-52. Establishment and Apportionment of Private Way by Several Landowners
§ 44-9-54. Establishment of Private Way by Prescription
§ 44-9-55. Establishment of Private Way by Prescription; When Owners Barred From Damages
§ 44-9-56. Notice of Closing of Private Way After One Year’s Use
§ 44-9-57. Limitation on Use of Private Ways for Specific Commercial Purposes
§ 44-9-58. Petition to Use Another’s Landing
§ 44-9-59. Obstructions; Proceedings for Removal; Petition; Rule Nisi; Order; Appeal; Fees
§ 44-9-60. Conditions for Converting Private Ways Into Public Roads