reglab/housing_qa huggingface dataset:
GA Code § 22-2-84 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 1 - Proceeding Before Assessors|Part 5 - Appeals and Final Judgment|§ 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 award thereon upon the minutes of the court, and the condemnor shall pay:    The assessors' costs as provided in Code Section 22-2-40; and   Other costs as provided by law in civil cases in the superior court.  The condemnee shall pay the assessors' costs as provided in Code Section 22-2-40.     (Ga. L. 1894, p. 95, § 26; Civil Code 1895, § 4682; Civil Code 1910, § 5232; Code 1933, § 36-605; Ga. L. 1949, p. 1404, § 1; Ga. L. 1955, p. 651, §§ 1, 2; Ga. L. 1992, p. 1688, § 1; Ga. L. 1998, p. 1539, § 2.)   Law reviews.   - For review of 1998 legislation relating to eminent domain, see 15 Ga. St. U.L. Rev. 115 (1998).   JUDICIAL DECISIONS    Requirement of payment of costs is for benefit of officers of court and not a condition precedent to the filing of an appeal. Hilderbrand v. Housing Auth., 109 Ga. App. 297, 136 S.E.2d 24 (1964).    Clerk is not bound to receive appeal until costs have been paid to the clerk, but if the clerk does receive an appeal without exacting the costs, the appeal is good, and the clerk becomes estopped from saying that the costs have not been paid to the clerk - estopped as to all persons, at least, except the appellant. Hilderbrand v. Housing Auth., 109 Ga. App. 297, 136 S.E.2d 24 (1964).    Failure of condemnor to pay costs and fees within 10 days after judgment does not vitiate its appeal therefrom regardless of whether or not it is a political subdivision of the state. Hilderbrand v. Housing Auth., 109 Ga. App. 297, 136 S.E.2d 24 (1964).   Waiver of right to have costs paid in advance.    - When a magistrate refuses to dismiss an appeal because costs have not been paid by the appellant, this amounts to a waiver of the appellant's right to have the costs paid in advance, and the appellee has no right to complain of the refusal to dismiss the appeal. Hilderbrand v. Housing Auth., 109 Ga. App. 297, 136 S.E.2d 24 (1964).    Cited in Kellett v. Fulton County, 215 Ga. 551, 111 S.E.2d 364 (1959); Murray v. State Hwy. Dep't, 103 Ga. App. 517, 120 S.E.2d 48 (1961).   RESEARCH REFERENCES   C.J.S.   - 29A C.J.S., Eminent Domain, § 550 et seq.   ALR.   - Liability for costs in trial tribunal in eminent domain proceedings as affected by offer or tender by condemnor, 70 A.L.R.2d 804.
GA Code § 22-2-84.1 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 1 - Proceeding Before Assessors|Part 5 - Appeals and Final Judgment|§ 22-2-84.1. Appeals to Superior Court From Assessor's Award; Reasonable Expenses; Liability of Costs Relating to Issues of Law

 Repealed by Ga. L. 2006, p. 39, §6/HB 1313, effective April 4, 2006.   Editor's notes.   - This Code section was based on Code 1981, § 22-2-84.1, enacted by Ga. L. 1998, p. 1539, § 2.
GA Code § 22-2-86 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 1 - Proceeding Before Assessors|Part 5 - Appeals and Final Judgment|§ 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 judgment is a minor or under any disability and has no legal representative entitled to receive the money, the money shall be paid to the judge of the probate court of the county, who shall at once cause the money to be invested. To this end, the judge of the probate court of the county of the disabled owner's residence shall appoint a guardian or other proper representative to receive the money and manage the property in which it may be invested.   (Ga. L. 1894, p. 95, § 28; Civil Code 1895, § 4684; Civil Code 1910, § 5234; Code 1933, § 36-607.)   RESEARCH REFERENCES   ALR.    - Personal liability of purchaser of property subject to chattel mortgage, to the mortgagee, 100 A.L.R. 1038.
GA Code § 22-3-21 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 3 - Exercise of Power of Eminent Domain for Special Purposes|Article 2 - Construction and Operation of Electric Power Plants|Part 1 - General Provisions|§ 22-3-21. Payment of Compensation or Damages

 In fixing the compensation or damage for both actual and consequential damages, either or both shall be paid by the persons seeking to condemn property as provided in this article.   (Ga. L. 1925, p. 272, § 1; Code 1933, § 36-802.)   RESEARCH REFERENCES   C.J.S.   - 29A C.J.S., Eminent Domain, §§ 66 et seq., 206 et seq.   ALR.   - Unity or contiguity of properties essential to allowance of damages in eminent domain proceedings on account of remaining property, 6 A.L.R.2d 1197.   Admissibility, in eminent domain proceeding, of evidence as to price paid for condemned real property during pendency of the proceeding, 55 A.L.R.2d 781.   Admissibility, in eminent domain proceeding, of evidence as to price paid for condemned real property on sale prior to the proceeding, 55 A.L.R.2d 791.   Liability of water distributor for damage caused by water escaping from main, 20 A.L.R.3d 1294.   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.   Good will as element of damages for condemnation of property on which private business is conducted, 81 A.L.R.3d 198.   Liability for overflow of water confined or diverted for public power purposes, 91 A.L.R.3d 1065.   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.   Unsightliness of powerline or other wire, or related structure, as element of damages in easement condemnation proceeding, 97 A.L.R.3d 587.   Eminent domain: recovery of value of improvements made with knowledge of impending condemnation, 98 A.L.R.3d 504.   Eminent domain: unity or contiguity of separate properties sufficient to allow damages for diminished value of parcel remaining after taking of other parcel, 59 A.L.R.4th 308.
GA Code § 22-3-22 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 3 - Exercise of Power of Eminent Domain for Special Purposes|Article 2 - Construction and Operation of Electric Power Plants|Part 1 - General Provisions|§ 22-3-22. Condemnation of Mills, Factories, and Dams

 Any person seeking to exercise the power of eminent domain under Code Section 22-3-20 shall have the right and authority to acquire by condemnation any mill, factory, dam, or other property or interest connected with same, except cotton mills or factories or any plant engaged in furnishing electric power to the public.   (Civil Code 1910, § 5242; Ga. L. 1925, p. 272, § 3; Code 1933, § 36-812.)   RESEARCH REFERENCES   C.J.S.   - 29A C.J.S., Eminent Domain, § 51 et seq.   ALR.   - Eminent domain: possibility of overcoming specific obstacles to contemplated use as element in determining existence of necessary public use, 22 A.L.R.4th 840.
GA Code § 22-3-40 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 3 - Exercise of Power of Eminent Domain for Special Purposes|Article 2 - Construction and Operation of Electric Power Plants|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 "public highway" means not only roads and highways proper but bridges, culverts, and appurtenances as well.   (Ga. L. 1927, p. 370, § 4; Code 1933, § 36-803.)
GA Code § 22-3-41 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 3 - Exercise of Power of Eminent Domain for Special Purposes|Article 2 - Construction and Operation of Electric Power Plants|Part 2 - Acquisition of Right to Flood Roads and Highways|§ 22-3-41. Power to Acquire Right to Flood Roads and Highways

 Any person referred to in Code Section 22-3-20 shall have the right and authority to acquire by purchase or condemnation the right to flood private roads or highways. Any such person shall also have the right to acquire by condemnation the right to flood public roads or highways by paying to the state or county authorities having jurisdiction over the same the cost of locating, laying out, constructing, and opening other public roads or highways to replace the public roads or highways flooded or intended to be flooded and also by paying to the state and county authorities any other damages that may be the natural and probable consequence of such flooding.   (Ga. L. 1925, p. 272, § 1; Code 1933, § 36-804.)   Cross references.   - Abandonment of public roads, T. 32, C. 7.   RESEARCH REFERENCES   Am. Jur. 2d.   - 26 Am. Jur. 2d, Eminent Domain, § 297 et seq.   C.J.S.   - 29A C.J.S., Eminent Domain, § 100 et seq.   ALR.   - Applicability of zoning regulations to projects of nongovernmental public utility as affected by utility's having power of eminent domain, 87 A.L.R.3d 1265.   Eminent domain: possibility of overcoming specific obstacles to contemplated use as element in determining existence of necessary public use, 22 A.L.R.4th 840.
GA Code § 22-3-42 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 3 - Exercise of Power of Eminent Domain for Special Purposes|Article 2 - Construction and Operation of Electric Power Plants|Part 2 - Acquisition of Right to Flood Roads and Highways|§ 22-3-42. Notice of Intention to Condemn

 If a public road or highway for which condemnation is sought is a part of the state highway system or if jurisdiction or control of the road or highway has been taken over or assumed by the State Transportation Board or other state authority, the notice of intention to condemn shall be addressed to and served upon the commissioner of transportation. If the road or highway is under the supervision or control of county authorities, the notice of intention to condemn shall be addressed to and served upon the judge of the probate court or upon any county commissioner or such other officer as is by law vested with jurisdiction over and control of the public roads of the county in which the road to be condemned is located.   (Ga. L. 1927, p. 370, § 4; Code 1933, § 36-808.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 27 Am. Jur. 2d, Eminent Domain, § 433 et seq.   C.J.S.   - 29A C.J.S., Eminent Domain, §§ 57 et seq., 306 et seq.
GA Code § 22-3-43 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 3 - Exercise of Power of Eminent Domain for Special Purposes|Article 2 - Construction and Operation of Electric Power Plants|Part 2 - Acquisition of Right to Flood Roads and Highways|§ 22-3-43. Condemnation Procedure; Authorization of Officers to Act for State or County

 The procedure in the condemnation of public roads and highways shall be the same as provided by Chapter 2 of this title insofar as the procedures described in that chapter are not in conflict with this part. The public officer or officers to be notified and served as provided in Code Section 22-3-42 shall act for and in behalf of the state or county, as the case may be, in the appointment of an assessor and in all other respects as provided in Chapter 2 of this title with respect to the owner of the property or interest sought to be condemned.   (Ga. L. 1927, p. 370, § 4; Code 1933, § 36-809.)   RESEARCH REFERENCES   ALR.   - 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.   Eminent domain: possibility of overcoming specific obstacles to contemplated use as element in determining existence of necessary public use, 22 A.L.R.4th 840.
GA Code § 22-3-44 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 3 - Exercise of Power of Eminent Domain for Special Purposes|Article 2 - Construction and Operation of Electric Power Plants|Part 2 - Acquisition of Right to Flood Roads and Highways|§ 22-3-44. Appeal to Superior Court

 Within 30 days after the award of condemnation is made pursuant to Part 4 of Article 1 of Chapter 2 of this title or pursuant to Article 2 of Chapter 2 of this title, any party may appeal to the superior court of the county in which the public roads or highways lie by filing with the judge of the probate court of the county a written notice of appeal. Within ten days after his receipt of the notice, the judge shall transmit the notice to the superior court. The trial on such an appeal shall be de novo.   (Ga. L. 1925, p. 272, § 1; Code 1933, § 36-805.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 4 Am. Jur. 2d, Appellate Review, § 75 et seq. 27 Am. Jur. 2d, Eminent Domain, § 573 et seq.   ALR.    - Right of court to reduce or increase award in condemnation and confirm it as reduced or increased, 61 A.L.R. 194.   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.   Liability, upon abandonment of eminent domain proceedings, for loss or expenses incurred by property owner, or for interest on award or judgment, 92 A.L.R.2d 346.
GA Code § 22-3-45 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 3 - Exercise of Power of Eminent Domain for Special Purposes|Article 2 - Construction and Operation of Electric Power Plants|Part 2 - Acquisition of Right to Flood Roads and Highways|§ 22-3-45. Rights of Condemnor Pending Appeal

 Upon the condemnor's paying the sum fixed by the assessor's award to the state or county authorities together with the cost of proceedings pending an appeal pursuant to Code Section 22-3-44 and upon the execution of a bond in double the amount of the award so fixed, with good and sufficient surety to pay the eventual condemnation award, the condemnor shall be entitled to flood the public roads or highways which are made the subject of the proceedings, provided that such right shall not vest absolutely in the condemnor until the final determination of the case and the payment or deposit in court of the final condemnation award.   (Ga. L. 1925, p. 272, § 1; Code 1933, § 36-806.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 27 Am. Jur. 2d, Eminent Domain, §§ 573 et seq., 586 et seq.
GA Code § 22-3-46 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 3 - Exercise of Power of Eminent Domain for Special Purposes|Article 2 - Construction and Operation of Electric Power Plants|Part 2 - Acquisition of Right to Flood Roads and Highways|§ 22-3-46. Restrictions on Use of Condemned Road or Highway by Condemnor

 Before any public road or highway condemned under this part may be used by the condemnor, any new road or highway to be constructed pursuant to Code Section 22-3-41, including any and all bridges and culverts that may be necessary as a part thereof, shall be laid out, constructed, and made ready for public use by the condemnor. All of this new construction shall first be approved by the authorities having control of the condemned road or highway.   (Ga. L. 1927, p. 370, § 4; Code 1933, § 36-810.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 26 Am. Jur. 2d, Eminent Domain, §§ 67 et seq, 297 et seq. 27 Am. Jur. 2d, Eminent Domain, § 790.
GA Code § 22-3-47 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 3 - Exercise of Power of Eminent Domain for Special Purposes|Article 2 - Construction and Operation of Electric Power Plants|Part 2 - Acquisition of Right to Flood Roads and Highways|§ 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 in any way prejudicing any right of action possessed by a property owner or a public utility for damages to property caused by the closing of any public road or highway under this part.   (Ga. L. 1925, p. 272, § 1; Code 1933, § 36-807.)   RESEARCH REFERENCES   ALR.   - Liability of water distributor for damage caused by water escaping from main, 20 A.L.R.3d 1294.   Liability for overflow of water confined or diverted for public power purposes, 91 A.L.R.3d 1065.
GA Code § 23-3-41 (2021)
2021 Georgia Code|Title 23 - Equity|Chapter 3 - Equitable Remedies and Proceedings Generally|Article 3 - Quia Timet|Part 1 - Conventional Quia Timet|§ 23-3-41. When Relief Granted; Costs

  In all proceedings quia timet or proceedings to remove clouds upon titles to real estate, if a proper case is made, the relief sought shall be granted to any complainant irrespective of whether the invalidity of the instrument sought to be canceled appears upon the face of the instrument or whether the invalidity appears or arises solely from facts outside of the instrument.   In such cases the costs shall be taxed against the litigants in the discretion of the court.    (Ga. L. 1905, p. 102, §§ 1, 2; Civil Code 1910, §§ 5466, 5467; Code 1933, §§ 37-1408, 37-1409.)   Law reviews.   - For article discussing the problems with acquiring good title, see 15 Ga. B.J. 281 (1953).   JUDICIAL DECISIONS    Cited in Mayor of Gainesville v. Dean, 124 Ga. 750, 53 S.E. 183 (1906); Hale v. Turner, 183 Ga. 593, 189 S.E. 10 (1936); Allen v. Bemis, 193 Ga. 556, 19 S.E.2d 516 (1942); Todd v. Conner, 220 Ga. 173, 137 S.E.2d 614 (1964); Harp v. Bacon, 222 Ga. 478, 150 S.E.2d 655 (1966).   RESEARCH REFERENCES   Am. Jur. 2d.   - 65 Am. Jur. 2d, Quieting Title and Determination of Adverse Claims, §§ 2, 16, 63.   C.J.S.   - 30 C.J.S., Equity, § 40.   ALR.   - Use of property by public as affecting acquisition of title by adverse possession, 56 A.L.R.3d 1182.
GA Code § 23-3-42 (2021)
2021 Georgia Code|Title 23 - Equity|Chapter 3 - Equitable Remedies and Proceedings Generally|Article 3 - Quia Timet|Part 1 - Conventional Quia Timet|§ 23-3-42. Cloud on Title; What Constitutes; When Removable

 An instrument which, by itself or in connection with proof of possession by a former occupant or other extrinsic facts, gives the claimant thereunder an apparent right in or to the property may constitute a cloud on the title of the true owner; and the latter may proceed to have the same removed upon proof:    That he cannot immediately or effectually maintain or protect his rights by any other course of proceeding open to him;   That the instrument sought to be canceled is such as would operate to throw a cloud or suspicion upon his title and might be vexatiously or injuriously used against him;   That he either suffers some present injury by reason of the hostile claim of right or, though the claim has not been asserted adversely or aggressively, he has reason to apprehend that the evidence upon which he relies to impeach or invalidate the same as a claim upon his title may be lost or impaired by lapse of time.    (Civil Code 1895, § 4893; Civil Code 1910, § 5468; Code 1933, § 37-1410.)   Law reviews.   - For article discussing the problems with acquiring good title, see 15 Ga. B.J. 281 (1953).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Removal of Cloud Generally    RESEARCH REFERENCES   Am. Jur. 2d.   - 65 Am. Jur. 2d, Quieting Title and Determination of Adverse Claims, §§ 2, 16, 63.   C.J.S.   - 30 C.J.S., Equity, §§ 29, 39, 57.   ALR.    - Doctrine of after-acquired title as between one who took before and one who took after common grantor or mortgagor acquired title, 25 A.L.R. 83.    Return of payments as condition of cancellation of land contract as cloud on title, 35 A.L.R. 274.    Right of one not in possession to maintain suit to remove cloud on title in case of fraud, 36 A.L.R. 698.    What constitutes cloud on title removable in equity, 78 A.L.R. 24.    Right of vendor in contract for sale or exchange of real property to bring suit for forfeiture, foreclosure, or rescission, or to quiet title or recover possession, without first giving notice, or making demand for possession, 94 A.L.R. 1239.    Remedies of grantor who has conveyed with covenants against third person asserting title or interest hostile to covenants, 97 A.L.R. 711.   Marketability of title derived from or through, or affected by possible claim of, infant, 24 A.L.R.2d 1306.   Maintainability, by lessee, of action to quiet title to leasehold, 51 A.L.R.2d 1227.   Use of property by public as affecting acquisition of title by adverse possession, 56 A.L.R.3d 1182.
GA Code § 23-3-44 (2021)
2021 Georgia Code|Title 23 - Equity|Chapter 3 - Equitable Remedies and Proceedings Generally|Article 3 - Quia Timet|Part 1 - Conventional Quia Timet|§ 23-3-44. Redemption and Notice

 Proceedings quia timet may be used to remove clouds on title caused by equities of redemption following tax sales; provided, however, that the length of time for redemption shall remain as provided by law and nothing in this Code section shall preclude the necessity of giving all parties at interest notice of this proceeding.    (Code 1981, §23-3-44, enacted by Ga. L. 2000, p. 1408, § 1; Ga. L. 2001, p. 4, § 23; Ga. L. 2001, p. 4, § 23.)
GA Code § 23-3-64 (2021)
2021 Georgia Code|Title 23 - Equity|Chapter 3 - Equitable Remedies and Proceedings Generally|Article 3 - Quia Timet|Part 2 - Quia Timet Against All the World|§ 23-3-64. Other Required Evidence

 The master shall examine the petition, plat, and all documents filed therewith and may require other evidence to be filed, including, but not limited to, an abstract of title.   (Ga. L. 1966, p. 443, § 4.)