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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...