GA Code § 22-2-62 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 1 - Proceeding Before Assessors|Part 4 - Hearing|§ 22-2-62. Evidence to Be Heard by Assessors Generally

  The assessors shall hear all evidence offered by either party as to the value of the property or of any interest therein to be taken or used, the damages incurred by the owner of the property or of any interest therein, and the benefits to the owner accruing from the use of the property or interest by the condemnor.   Prospective and consequential damages resulting from the taking may be considered if such damages are plain and appreciable.   The increase of the value of the property or of any interest therein resulting from the proposed public improvement may be considered, but in no case shall such estimated increase deprive the owner of actual damages.   In the estimation of the value of the property or other interest taken for public uses, such valuation need not be restricted to the agricultural or productive qualities of the property or interest, but inquiry may be made as to all other legitimate purposes to which the property or interest could be appropriated.    (Orig. Code 1863, §§ 622, 623; Code 1868, §§ 686, 687; Code 1873, §§ 647, 648; Code 1882, §§ 647, 648; Ga. L. 1894, p. 95, § 18; Civil Code 1895, §§ 567, 568, 4674; Civil Code 1910, §§ 688, 689, 5224; Code 1933, §§ 36-503, 36-505, 36-506.)   Law reviews.   - For comment on State Hwy. Dep't v. Thomas, 106 Ga. App. 849, 128 S.E.2d 520 (1962), see 14 Mercer L. Rev. 447 (1963).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Value of Property Taken   Prospective and Consequential Damages    OPINIONS OF THE ATTORNEY GENERAL   Measure of damages for property taken is pecuniary loss to owner.   - The measure of damages for property taken by the right of eminent domain, being compensatory in its nature, is the pecuniary loss sustained by the owner, taking into consideration all relevant factors; ordinarily this loss is represented by the fair market value of the property interest taken, but it may be fair and reasonable value of the property taken if in fact the market value would not coincide with the actual value thereof. 1958-59 Op. Att'y Gen. p. 271.   Damages ordinarily measured by market value.   - Ordinarily, when an entire parcel of property is taken, or an entire leasehold interest is taken, the measure of the damages is the "market value" of the land or leasehold interest as the case might be; market value has been defined as the price which may be paid by one wishing but not required to buy, to one wishing but not required to sell. 1958-59 Op. Att'y Gen. p. 271.   Assessment of consequential damages.   - In assessing consequential damages, the difference would lie in the valuation of the land which remains after condemnation, as compared with the value of that fragment of land before the condemnation was commenced; in considering this "damage," the assessors or jury would be bound to deduct from the whole damage, any increase which might result from the improvement respecting the sales value or market value of the tract not taken. 1958-59 Op. Att'y Gen. p. 273.   Payment of taxes on land taken by eminent domain.   - The payment of city or county taxes is not a proper element of damages in a condemnation case; the payment of property taxes is a responsibility of the landowner only so long as the landowner, in fact, owns the property. The property owner or condemnee would be responsible for payment of taxes up to the date of taking; after that time, the responsibility for the payment of these taxes would lie upon the condemning body, if in fact that body is an entity which would have the responsibility for payment of these taxes. 1969 Op. Att'y Gen. No. 69-494.   Cost of moving personal property not an element of damage.   - The cost of moving personal property from real estate which is taken for public purposes cannot be considered as an element of damage, as such; however, the cost of removal of either fixtures, buildings, or personalty, especially when used for business purposes, may be considered as one of the factors entering into a determination of the value of the real estate to the condemnee from whom the property is taken. 1958-59 Op. Att'y Gen. p. 271.   Moving cost may be illustrative of damage done by taking.   - The cost of moving personal property may in many instances, be evidential as to, or illustrative of, the damage done to such personal property by the taking; such damage must be paid by the authority which so takes it for public purposes. 1958-59 Op. Att'y Gen. p. 276.    When area taken for right of way intersects building on tract involved,  i.e., a portion of the building lies on land which is taken, and a portion of the building lies on land which is not taken, that portion of the building which extends upon the right of way may be severed if it is practicable to do so without destruction of the building; if severance would result in destruction, then the measure of damage to the building is its full value. 1958-59 Op. Att'y Gen. p. 273.   In circumstances when a condemnation causes the intersection of a building by the line drawn between the land taken and the land not taken, if it is impossible to sever the building and the whole building would be destroyed, the value of the land without the building taken would be charged against the condemnor; the true market value of the remaining portion of the condemnee's land without the building, of course, it being destroyed, would be compared with the value of that tract before taking. 1958-59 Op. Att'y Gen. p. 273.   Expense of removing facilities from railroad right-of-way.   - There is no reason why the State Highway Department (now Department of Transportation) may not bear the expense (or that part which is not borne by the railroad or the United States government) of the temporary and permanent removal of facilities located on a railroad right of way. 1957 Op. Att'y Gen. p. 132.   No distinction can be drawn, as to the obligation to pay the cost of removal of facilities on a right of way, between temporary relocations and permanent relocations. 1957 Op. Att'y Gen. p. 132.    Powder company which is forced to move  the location of its place of business because a highway is constructed too near the place of business is entitled to compensation for certain moving expenses. 1957 Op. Att'y Gen. p. 137.   RESEARCH REFERENCES   Am. Jur. 2d.   - 27 Am. Jur. 2d, Eminent Domain, § 516 et seq.   C.J.S.   - 25 C.J.S., Damages, § 1 et seq. 29A C.J.S., Eminent Domain, §§ 282 et seq., 346 et seq.   ALR.    - Profits derived from business conducted on property taken by eminent domain as evidence of market value, 7 A.L.R. 163.    Right under constitutional provision against taking or damaging, to recover in other than an eminent domain proceeding, for consequential damages to property no part of which is taken, 20 A.L.R. 516.    Limitation applicable to action for consequential damage as result of taking or damaging of property for public use, 30 A.L.R. 1190; 139 A.L.R. 1288.    Right to interest in condemnation proceedings during owner's retention of possession, 32 A.L.R. 98.    Measure of damages or compensation where property is taken to widen street, 64 A.L.R. 1513.    Income as an element in determining value of property taken in eminent domain, 65 A.L.R. 455.    Measure and items of compensation or damages for flooding property under the right of eminent domain, 106 A.L.R. 955.    Right of property owner to compensation for diversion of traffic by relocation or rerouting of highway, 118 A.L.R. 921.    Elements and measure of compensation for power lines or other wire lines over private property, 124 A.L.R. 407.    Special value or adaptability of property for purpose for which it is taken, as an element of, or matter for consideration in fixing, damages in condemnation proceedings, 124 A.L.R. 910.    Distinction between income or profits from business on land and income or profits from use of land, as affecting admissibility of evidence in that regard on question of damages in eminent domain, 134 A.L.R. 1125.    Deduction of benefits in determining compensation or damages in eminent domain, 145 A.L.R. 7.    Increment to value, from project for which land is condemned, as a factor in fixing compensation, 147 A.L.R. 66.    Frustration of contractual rights as basis of claim for compensation where another's real property is taken in exercise of eminent domain, 152 A.L.R. 307.    Price at which one whose land is taken or damaged under power of eminent domain has sold, contracted to sell, or optioned land in question to third person as evidence of its market value in condemnation proceeding or related action for damages, 155 A.L.R. 262.    What physical construction amounts to a change of grade within statute relating to award of damages, 156 A.L.R. 416.    Determination in eminent domain proceedings of market value of land as affected by mineral deposits or similar conditions, 156 A.L.R. 1416.    Are different estates or interests in real property taken under eminent domain to be valued separately, or entire property to be valued as a unit and the amount apportioned among separate interests, 166 A.L.R. 1211.    Eminent domain: cost of repairs and improvements on property taken, as evidence of its value, 172 A.L.R. 236.   Eminent domain: valuation of land and improvements and fixtures thereon separately or as unit, 1 A.L.R.2d 878.   Elements and measure of lessee's compensation for taking or damaging leasehold in eminent domain, 3 A.L.R.2d 286.   Compensation for, or extent of rights acquired by, taking of land, as affected by condemner's promissory statements as to character of use or undertakings to be performed by it, 7 A.L.R.2d 364.   Admissibility in condemnation proceedings of opinion evidence as to probable profits derivable from land condemned if devoted to particular agricultural purposes, 16 A.L.R.2d 1113.   Abutting owner's right to damages or other relief for loss of access because of limited-access highway or street, 43 A.L.R.2d 1072; 42 A.L.R.3d 13; 42 A.L.R.3d 148.   Right to intervene in court review of zoning proceeding, 46 A.L.R.2d 1059.   Right of adjoining landowners to intervene in condemnation proceedings on ground that they might suffer consequential damage, 61 A.L.R.2d 1292.   Cost to property owner of moving personal property as element of damages or compensation in eminent domain proceedings, 69 A.L.R.2d 1453.   Counsel's use, in trial of condemnation proceeding, of chart, diagram or blackboard, not introduced in evidence, relating to damages or the value of the property condemned, 80 A.L.R.2d 1270.   Admissibility on issue of value of real property of evidence of sale price of other real property, 85 A.L.R.2d 110.   Bad reputation of condemned property derived from its illegal use for gambling, prostitution, or the like, as factor decreasing compensation or damages, 87 A.L.R.2d 1156.   Changes in purchasing power of money as affecting compensation in eminent domain proceedings, 92 A.L.R.2d 772.   Depreciation in value, from project for which land is condemned, as a factor in fixing compensation, 5 A.L.R.3d 901.   Eminent domain: deduction of benefits in determining compensation or damages in proceedings involving opening, widening, or otherwise altering highway, 13 A.L.R.3d 1149.   Propriety and effect, in eminent domain proceeding, of argument or evidence as to landowner's unwillingness to sell property, 17 A.L.R.3d 1449.   Propriety and effect of argument or evidence as to financial status of parties in eminent domain proceeding, 21 A.L.R.3d 936.   Existence of restrictive covenant as element in fixing value of property condemned, 22 A.L.R.3d 961.   Eminent domain: admissibility, on issue of value of condemned real property, of rental value of other real property, 23 A.L.R.3d 724.   Admissibility of evidence of proposed or possible subdivision or platting of condemned land on issue of value in eminent domain proceedings, 26 A.L.R.3d 780.   Measure of damages for condemnation of cemetery lands, 42 A.L.R.3d 1314.   Traffic noise and vibration from highway as element of damages in eminent domain, 51 A.L.R.3d 860.   Good will or "going concern" value as element of lessee's compensation for taking leasehold in eminent domain, 58 A.L.R.3d 566.   Loss of liquor license as compensable in condemnation proceeding, 58 A.L.R.3d 581.   Compensation for diminution in value of the remainder of property resulting from taking or use of adjoining land of others for the same undertaking, 59 A.L.R.3d 488.   Eminent domain: consideration of fact that landowner's remaining land will be subject to special assessment in fixing severance damages, 59 A.L.R.3d 534.   Eminent domain: determination of just compensation for condemnation of billboards or other advertising signs, 73 A.L.R.3d 1122.   Eminent domain: right of owner of land not originally taken or purchased as part of adjacent project to recover, on enlargement of project to include adjacent land, enhanced value of property by reason of proximity to original land - state cases, 95 A.L.R.3d 752.   Eminent domain: recovery of value of improvements made with knowledge of impending condemnation, 98 A.L.R.3d 504.   Assemblage or plottage as factor affecting value in eminent domain proceedings, 8 A.L.R.4th 1202.   Eminent domain: measure and elements of lessee's compensation for condemnor's taking or damaging of leasehold, 17 A.L.R.4th 337.   Unaccepted offer for purchase of real property as evidence of value, 25 A.L.R.4th 571.   Unaccepted offer to sell or buy comparable real property as evidence of value of property in issue, 25 A.L.R.4th 615.   Eminent domain: compensability of loss of view from owner's property - state cases, 25 A.L.R.4th 671.   Unaccepted offer to sell or listing of real property as evidence of its value, 25 A.L.R.4th 983.   Compelling testimony of opponent's expert in state court, 66 A.L.R.4th 213.   Eminent domain: compensability of loss of visibility of owner's property, 7 A.L.R.5th 113.   Measure of damages or compensation in eminent domain as affected by premises being restricted to particular educational, religious, charitable, or noncommercial use, 29 A.L.R.5th 36.