The amount of compensation to be assessed against the condemnor for the private way desired shall be determined by a verdict of the jury; and the case shall stand for trial at the first term after service is perfected or at any subsequent term at which the case may be reached for trial. If an issue is made by pleadings filed by any defendant regarding the condemnor’s right to have a private way established or with respect to the location or width thereof, such issues shall likewise be determined by the jury. Damages assessed shall be paid into the court and shall be disbursed by the clerk in accordance with the court’s order regarding the party or parties entitled thereto.
History. Code 1933, § 83-106, 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