Georgia Code
Title 22 - Eminent Domain

§ 22-1-3. Power of General Assembly to Determine When Right of Eminent Domain May Be Exercised; Duty of Courts as to Laws Authorizing the Condemnation of Private Property for Private Uses - It is the province of the General Assembly to determine...

§ 22-1-4. Manner in Which General Assembly May Exercise Right of Eminent Domain - The General Assembly may exercise the right of eminent domain...

§ 22-1-5. Requirement of Just Compensation as a Limitation on Exercise of Power of Eminent Domain - Except in cases of extreme necessity and great urgency, the...

§ 22-1-6. Right of Persons to Take or Damage Private Property Upon Payment of Just and Adequate Compensation - If a person who is authorized to exercise the power...

§ 22-1-7. Effect of Failure to Agree on Compensation - If the parties cannot agree upon the compensation to be...

§ 22-1-8. Exclusive Nature of Title - All persons authorized to take or damage private property for...

§ 22-1-9. Policies and Practices Guiding Exercise of Eminent Domain - In order to encourage and expedite the acquisition of real...

§ 22-1-10. Duties of Condemnor Prior to Exercise of Eminent Domain; Rights of Condemnee; Exceptions - Any such resolution shall specifically and conspicuously delineate each parcel...

§ 22-1-10.1. Time for Bringing Condemnation Action; Exceptions - History. Code 1981, § 22-1-10.1 , enacted by Ga. L....

§ 22-1-11. Determination of Authority to Exercise Public Domain - Before the vesting of title in the condemnor and upon...

§ 22-1-12. Reimbursement to Property Owner of Reasonable Costs and Expenses Associated With Condemnation Proceedings - In all actions where a condemning authority exercises the power...

§ 22-1-13. Compensation to Condemnee for Relocation Damages and Expenses - In addition to the types of relocation damages permissible under...

§ 22-1-14. Valuation of Condemned Property - History. Code 1981, § 22-1-14 , enacted by Ga. L....

§ 22-1-15. Process for Condemnor to Condemn Property for Public Use; Requirements; Service - History. Code 1981, § 22-1-15 , enacted by Ga. L....

Chapter 2 - Condemnation Procedure Generally

Article 1 - Proceeding Before Assessors

Part 1 - General Provisions

§ 22-2-1. “Condemnor” Defined - As used in this article, the term “condemnor” means any...

Part 2 - Notice of Condemnation

§ 22-2-20. Persons Entitled to Receive Notice Generally - Any person seeking to condemn property for public purposes shall...

§ 22-2-21. Direction of Notice Where Owner a Minor or Under Disability; Appointment of Guardian Ad Litem - History. Ga. L. 1894, p. 95, §§ 5-7; Civil Code...

§ 22-2-22. Serving Notice on Trustees of Trust Property and Remaindermen - If the property or interest sought to be condemned is...

§ 22-2-23. Direction of Notice Where Owner or Guardian a Nonresident; Representation by Judge of the Probate Court of Nonresident Owners and Others Whose Addresses Are Unknown - If the owner of the property or of any interest...

§ 22-2-24. Direction of Notice Where Owner Unknown or Where Unknown Remaindermen Possible; Right of Owner to Second Assessment Upon His Appearance; Return of Surplus Award to Condemnor - If the owner of the property or of any interest...

§ 22-2-25. Manner and Time of Service - History. Ga. L. 1894, p. 95, §§ 11, 12; Civil...

§ 22-2-26. Contents of Notice - History. Ga. L. 1894, p. 95, § 13; Civil Code...

Part 3 - Selection and Oath of Assessors

§ 22-2-40. Selection of Assessors Generally; Authority - History. Ga. L. 1894, p. 95, § 15; Civil Code...

§ 22-2-41. Selection of Assessor by Judge of the Probate Court; Selection of Assessor; Rights of Owners in Selecting Assessor - History. Ga. L. 1894, p. 95, § 14; Civil Code...

§ 22-2-42. Failure of Parties’ Nominees to Select Third Assessor - If the two assessors selected by the condemnor and the...

§ 22-2-43. Oath of Assessors - The three assessors thus selected shall be sworn by some...

Part 4 - Hearing

§ 22-2-60. Fixing of Time for Hearing by Assessors; Notification of Parties - If by reason of delay in appointing assessors or other...

§ 22-2-61. Power of Assessors to Subpoena and to Compel Attendance; Right of Parties to Be Represented - History. Ga. L. 1894, p. 95, §§ 18, 30; Civil...

§ 22-2-62. Evidence to Be Heard by Assessors Generally - History. Orig. Code 1863, §§ 622, 623; Code 1868, §§...

§ 22-2-63. Manner of Assessment - The assessors, or a majority of them, shall assess the...

§ 22-2-64. Entry of Findings by Assessors - The assessors shall enter their findings on the notice substantially...

§ 22-2-65. Filing and Recording of Award - Within ten days after the award is made, it shall...

Part 5 - Appeals and Final Judgment

§ 22-2-80. Appeal to Jury in Superior Court Generally - In case either party is dissatisfied with the amount of...

§ 22-2-81. Effect of Appeal on Condemnor’s Right to Use Condemned Property or Interest; Payment, Tender, or Deposit of Award as Condition on Condemnor’s Right to Use Property or Interest - The entering of an appeal and the proceedings thereon shall...

§ 22-2-82. Effect of Tender, Payment, or Acceptance of Assessors’ Award on Right of Appeal; Effect of Discrepancy Between Award and Final Judgment - The tender, payment, or acceptance of the award shall not...

§ 22-2-83. Issuance of Execution on Award or Judgment - If the condemnor fails to pay the amount of the...

§ 22-2-84. Entry of Notice and Award on Minutes of Court; Payment of Costs - In all cases, the clerk shall enter the notice and...

§ 22-2-85. Extent of Interest Obtainable by Condemnor Upon Condemnation - Upon the payment by the condemnor of the amount of...

§ 22-2-86. Manner of Payment Where Owner a Minor or Under Disability and Without a Legal Representative - If the person entitled to payment of the award or...

Article 2 - Proceeding Before Special Master

§ 22-2-100. “Condemning Body” and “Condemnor” Defined - As used in this article, “condemning body” or “condemnor” means:...

§ 22-2-101. Effect of Article on Other Methods of Condemnation; Intent of Article - This article shall be supplementary to and cumulative of the...

§ 22-2-102. Requirements for Condemnation; Time of Hearing; Directions for Notice and Service; Attachment of Process to Petition; Cause to Proceed in Rem - History. Ga. L. 1957, p. 387, § 5; Ga. L....

§ 22-2-102.1. Petitioning Superior Court for Judgment in Rem - In addition to the requirements set forth in Code Section...

§ 22-2-102.2. Contents of Petition - The petition referred to in Code Section 22-2-102.1 shall set...

§ 22-2-103. Appointment of Special Master Generally - The special master provided for in this article shall be...

§ 22-2-104. Appointment of Special Master Form to Be Used in Appointing Special Master - Substantially, the following form should be used in appointing a...

§ 22-2-105. Oath of Special Master - The special master is required to take the following oath...

§ 22-2-106. Compensation of Special Master; Allowance by Judge of Reasonable Time for Special Master to Inspect Premises - History. Ga. L. 1957, p. 387, § 9; Ga. L....

§ 22-2-107. Service of Process; Award by Special Master and Judgment of Court Conclusive as to Right of Condemnor to Take or Damage Property or Interest - History. Ga. L. 1957, p. 387, § 10; Ga. L....

§ 22-2-108. Powers and Duties of Special Master Generally - The special master appointed pursuant to Code Section 22-2-103 shall...

§ 22-2-108.1. Special Master Panel; Selection; Notice; Powers and Duties - History. Code 1981, § 22-2-108.1 , enacted by Ga. L....

§ 22-2-109. Factors to Be Considered in Determining or Estimating Just and Adequate Compensation; Determination of Date of Taking; Inclusion of Date of Approval of Original Location of Highway in Petition for Condemnation; Newspaper Advertisement - History. Ga. L. 1966, p. 320, § 2; Ga. L....

§ 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 - Click to view ‘‘AWARD The special master appointed and chosen...

§ 22-2-111. Incorporation of Award Into Judgment of Court - Upon the entry of the award of the special master...

§ 22-2-112. Appeal of Award Generally; Condemnee’s Right to Jury Trial on Issue of Just and Adequate Compensation - History. Ga. L. 1957, p. 387, § 14; Ga. L....

§ 22-2-113. Prosecution of Appeals; Effect of Discrepancy Between Award of Special Master and Verdict of Jury; Issuance of Execution Upon Award or Judgment - History. Ga. L. 1957, p. 387, § 15; Ga. L....

§ 22-2-114. Effect of Deposit of Award Into Court Registry; Conflicting Claims as to Deposit - When the condemnor has paid into the registry of the...

Article 3 - Proceeding Before Court

§ 22-2-130. Authority to Petition Superior Court for Judgment in Rem; Applicability to Acquisition of Public Property - History. Ga. L. 1914, p. 92, § 1; Code 1933,...

§ 22-2-131. Contents of Petition - History. Ga. L. 1914, p. 92, § 2; Code 1933,...

§ 22-2-132. Order to Appear; Directions for Notice and Service Thereof; Attachment of Process to Petition; Cause to Proceed as in Rem - History. Ga. L. 1914, p. 92, § 3; Code 1933,...

§ 22-2-133. Service of Process Generally - All persons entitled to notice under the facts stated in...

§ 22-2-134. Discretion of Judge to Cause Additional Notice or Service to Be Given; Notification of Tax Collector or Tax Commissioner - In any cases where it seems to the presiding judge...

§ 22-2-135. Appointment of Assessors; Discretion of Judge to Have Issues Tried in First Instance by Jury - On the day named in the order made pursuant to...

§ 22-2-136. Appeal From Assessors’ Award - In case assessors are appointed, the same right of appeal...

§ 22-2-137. Factors to Be Considered in Determining or Estimating Just and Adequate Compensation; Determination of Date of Taking; Inclusion of Date of Approval of Original Location of Highway in Petition for Condemnation; Newspaper Advertisement - History. Code 1933, § 36-1117, enacted by Ga. L. 1966,...

§ 22-2-138. Scope of Award or Verdict; Molding of Award or Verdict; Power of Court to Adjudge Condemnation of Title Upon Deposit of Amount of Award or Verdict Into Court; Disposition of Award by Court - The award or verdict, as the case may be, shall...

§ 22-2-139. Right of Interested Persons to Intervene; Effect of Subsequent Proceedings on Rights of Condemnor - Nothing in this article which refers to any ruling or...

§ 22-2-140. Notification of Court by Tax Collector or Tax Commissioner of Taxes Due on Property or Interest; Actions by Court to Discharge Lien - It shall be the duty of any tax collector or...

§ 22-2-141. Filing and Recording of Award, Decree, and Description of Condemned Property or Interest or Copies Thereof; Payment of Fees to Clerk of Superior Court - When the condemnation is fully completed, the award, whether made...

§ 22-2-142. Intent of Article Regarding Effect on Other Methods of Condemnation - This article is intended to be supplementary to and cumulative...

Chapter 3 - Exercise of Power of Eminent Domain for Special Purposes

Article 1 - Construction, Maintenance, and Operation of Telegraph and Telephone Lines Along Railroad Rights of Way

§ 22-3-1. Direction and Contents of Notice of Condemnation - When a telegraph or telephone company undertakes to condemn so...

§ 22-3-2. Manner of Service of Notice - Notice of condemnation shall be served upon the railroad company...

§ 22-3-3. Necessity for Only One Proceeding; Location of Proceedings; Form of Assessors’ Findings - There need be but one condemnation proceeding against the same...

§ 22-3-4. Location of Hearing Before Assessors; Evidence Upon Which Findings May Be Based - The hearing may be conducted in the office of the...

Article 2 - Construction and Operation of Electric Power Plants

Part 1 - General Provisions

§ 22-3-20. Power of Persons Operating or Constructing Electric Plants to Purchase, Lease, or Condemn Rights of Way and Easements - Any person operating or constructing or preparing to construct a...

§ 22-3-21. Payment of Compensation or Damages - In fixing the compensation or damage for both actual and...

§ 22-3-22. Condemnation of Mills, Factories, and Dams - Any person seeking to exercise the power of eminent domain...

Part 2 - Acquisition of Right to Flood Roads and Highways

§ 22-3-40. “Public Road” and “Public Highway” Defined - As used in this part, the term “public road” or...

§ 22-3-41. Power to Acquire Right to Flood Roads and Highways - Any person referred to in Code Section 22-3-20 shall have...

§ 22-3-42. Notice of Intention to Condemn - If a public road or highway for which condemnation is...

§ 22-3-43. Condemnation Procedure; Authorization of Officers to Act for State or County - The procedure in the condemnation of public roads and highways...

§ 22-3-44. [Effective Until July 1, 2023. See note.] Appeal to Superior Court - Within 30 days after the award of condemnation is made...

§ 22-3-44. [Effective July 1, 2023. See note.] Appeal to Superior Court - Within 30 days after the award of condemnation is made...

§ 22-3-45. Rights of Condemnor Pending Appeal - Upon the condemnor’s paying the sum fixed by the assessor’s...

§ 22-3-46. Restrictions on Use of Condemned Road or Highway by Condemnor - Before any public road or highway condemned under this part...

§ 22-3-47. Effect of Part on Rights of Action of Property Owners and Public Utilities - This part shall not be construed as taking away or...

Article 3 - Construction and Operation of Waterworks and Sanitary Sewage Systems

§ 22-3-60. Authority to Lease, Purchase, or Condemn Property or Receive Donations for Waterworks and Sewage Systems - Any nongovernmental entity constructing, owning, or operating any waterworks or...

§ 22-3-61. Condemnation Procedure - If a person seeking to exercise the power of eminent...

§ 22-3-62. Applicability of Article - The powers granted by this article shall apply to those...

§ 22-3-63. Authority to Condemn Property for Purpose of Constructing a Waterworks, Water Distribution System, Sewage Collection System, or Sewage Treatment and Disposal System - Any other provision of law to the contrary notwithstanding, any...

Article 4 - Construction and Operation of Petroleum Pipelines

§ 22-3-80. Definitions - As used in this article, the term: History. Code 1981,...

§ 22-3-81. Right to Acquire Property or Property Interests by Eminent Domain - Subject to the provisions, conditions, and restrictions of this article,...

§ 22-3-82. General Certificate and Permitting Requirements - History. Code 1981, § 22-3-82 , enacted by Ga. L....

§ 22-3-83. Certificate of Public Convenience and Necessity; Requirements - YOUR PROPERTY IS LOCATED WITHIN THE PROPOSED ROUTE OF A...

§ 22-3-84. Notice to Landowner - Prior to initiating eminent domain proceedings or threatening to do...

§ 22-3-85. Use of Condemnation Procedures - When a petroleum pipeline company that has met all the...

Article 4A - Natural or Artificial Gas

§ 22-3-95. Eminent Domain Use by Natural Gas Transporters or Distributors - The power of eminent domain may be exercised by persons...

Article 5 - Construction and Operation of Watershed Projects, Flood-Control Projects and Related Recreational Projects by Counties

§ 22-3-100. Authority of Counties to Exercise Power of Eminent Domain - Every county of the State of Georgia may exercise the...

§ 22-3-101. Condemnation Procedure - For the purposes designated in Code Section 22-3-100, every county...

§ 22-3-102. Requirement of Condemnation of Fee Simple Title to Land to Be Flooded Permanently - In any proceeding under this article, the condemnor shall be...

Article 6 - Construction of Lighthouses and Other Navigational Aids by United States Government

§ 22-3-120. Condemnation for Construction of Lighthouses, Beacons, and Other Navigational Aides - In any county in which the United States government authorizes...

§ 22-3-121. Acquisition of Right to Enter Lands and Clear or Cut Timber for Purposes of Carrying Out Survey of Coasts — Generally - Any person employed under the act of the Congress of...

§ 22-3-122. Acquisition of Right to Enter Lands and Clear or Cut Timber for Purposes of Carrying Out Survey of Coasts — Manner of Assessment Where Parties Cannot Agree on Compensation - If the parties representing the government of the United States...

Article 7 - Ownership or Operation of Utility Systems

§ 22-3-140. Authorization to Utilize the Declaration of Taking Method of Eminent Domain - Any state agency, political subdivision of the state, county, or...

Article 8 - Electric Transmission Lines

§ 22-3-160. “Utility” Defined - As used in this article, the term “utility” means a...

§ 22-3-160.1. Public Hearings Required; Exception to Hearing Requirement - History. Code 1981, § 22-3-160 , enacted by Ga. L....

§ 22-3-161. Selection of Route for Electric Transmission Line; Settlement Negotiations With Property Owners - History. Code 1981, § 22-3-161 , enacted by Ga. L....

§ 22-3-162. Application; Additional Compensation or Reconveyance - History. Code 1981, § 22-3-162 , enacted by Ga. L....

Chapter 4 - Relocation Assistance and Land Acquisition for Those Displaced by Federal-Aid Projects

§ 22-4-1. Short Title; “Uniform Act” Defined - History. Ga. L. 1973, p. 512, § 1; Ga. L....

§ 22-4-2. Legislative Findings and Declaration of Necessity - The General Assembly finds and declares that the prompt and...

§ 22-4-3. Applicability of Code Section 22-1-1 to Chapter - The definitions contained in paragraphs (6) and (8) of Code...

§ 22-4-4. Payments by Public Entities for Relocation and Replacement Housing Expenses - The several public entities are authorized to and shall make...

§ 22-4-5. Providing of Relocation Assistance Advisory Services by Public Entities - The several public entities are authorized to and shall provide...

§ 22-4-6. Payments by Public Entities for Expenses Incidental to Property Transfer, for Mortgage Penalties, and for Property Taxes - The several public entities are authorized to and shall make...

§ 22-4-7. Payments by Public Entities for Litigation Expenses in Condemnation Proceedings - The several public entities are authorized to and shall make...

§ 22-4-8. Payments by Public Entities for Litigation Expenses in Inverse Condemnation Proceedings - The several public entities are authorized to and shall make...

§ 22-4-9. Policies Guiding Acquisition of Real Property for Federal-Aid Projects - In acquiring real property for any federal-aid project, the costs...

§ 22-4-10. Policies Guiding Acquisition of Buildings, Structures, and Other Improvements for Federal-Aid Projects - In acquiring property for any federal-aid project, the costs of...

§ 22-4-11. Adoption of Rules; Appeal and Review - History. Ga. L. 1973, p. 512, § 11.

§ 22-4-11.1. Exercise of Powers Granted Under This Chapter by Municipal Corporations With Population of 350,000 or More; Effect of This Code Section on Other Laws - History. Ga. L. 1981, p. 1417, §§ 1, 2; Ga....

§ 22-4-12. Functions Provided in Chapter as Public Purposes; Effect of Chapter on Power to Tax - History. Ga. L. 1973, p. 512, § 12.

§ 22-4-13. Payments Under Chapter as Income or Resources - No payment received by a displaced person under this chapter...

§ 22-4-14. Effect of Chapter on Condemnation Proceedings - Nothing contained in this chapter shall be construed as creating...

§ 22-4-15. Authority of Public Entities to Provide Replacement Housing When Federal-Aid Project Cannot Proceed to Actual Construction - The several public entities shall have the authority, as a...

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Georgia Code Title 22 - Eminent Domain

Georgia Code
Title 22 - Eminent Domain