reglab/housing_qa huggingface dataset:
GA Code § 32-3-7 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 3 - Acquisition of Property for Transportation Purposes|Article 1 - General Provisions|§ 32-3-7. Deposit of Estimated Compensation; Vesting of Title in Condemning Authority; Protection of Due Process Rights

  Upon the filing of the declaration of taking and the deposit into court, which deposit shall be made at the time the declaration of taking is filed to the use of the persons entitled thereto, of the sum of money estimated in the declaration by the condemning authority to be just compensation, title to the property in fee simple absolute or such lesser interest as is specified in the declaration shall vest in the condemnor; the land shall be deemed to be condemned and taken for the use of the condemnor; and the right to just compensation for the same shall vest in the persons entitled thereto.   Nothing in this Code section shall be construed so as to deprive the owner of the property or interest of due process of law as guaranteed by the Constitutions of Georgia and of the United States.    (Code 1933, § 95A-605, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1982, p. 3, § 32.)   OPINIONS OF THE ATTORNEY GENERAL   Right to interest in condemnation proceeding.   - Right to receive interest as part of just and adequate compensation vests on date of taking, which is the day the declaration of taking, accompanied by the payment of just and adequate compensation, is filed in a superior court. 1980 Op. Att'y Gen. No. 80-100.   Surplus property, not to be placed in court registry.   - Legislature intended that only money, and not surplus property, be placed into the court registry for satisfaction of any judgment resulting from a condemnation action. 1992 Op. Att'y Gen. No. 92-8.   RESEARCH REFERENCES   ALR.    - Constitutionality of statute or ordinance denying right of property owners to defeat a proposed street improvement by protest, 52 A.L.R. 883.
GA Code § 32-3-10 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 3 - Acquisition of Property for Transportation Purposes|Article 1 - General Provisions|§ 32-3-10. Substantial Compliance With Code Sections 32-3-8 and 32-3-9

  The proceeding described in this article being in rem, no provision in Code Sections 32-3-8 and 32-3-9 as to service shall be so construed as to invalidate the intent of the condemnor or as to delay the taking of the property or interest described in the declaration of taking and in the petition or in any manner as to delay the progress of the work for which the taking was made; and a substantial compliance with the provisions for service as heretofore set out in this article shall be deemed sufficient.   At any stage of the cause before final verdict and judgment, the judge of the superior court may order such additional service to be made or such additional parties to be named as may be required by equity and justice; but this shall not be so construed as to invalidate the taking or delay the progress of the work.    (Code 1933, § 95A-606, enacted by Ga. L. 1973, p. 947, § 1.)
GA Code § 32-3-12 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 3 - Acquisition of Property for Transportation Purposes|Article 1 - General Provisions|§ 32-3-12. Orders of Court for Payment of Award in Condemnation Proceedings, for Surrender of Property, and as to Other Charges

  Upon the application of the parties in interest, and not earlier than 15 days subsequent to the date of the last advertisement in the official newspaper of the county as provided for in subsection (f) of Code Section 32-3-8, the court shall order that the money deposited in the court, or any part thereof applied for, be paid forthwith to the parties found to be entitled thereto, for the just compensation to be awarded in the proceedings; provided, however, that, where the validity of the proceedings has been placed in issue as provided for in Code Section 32-3-11, the court shall not order the payment of the fund to the condemnee pending a final determination of such questions.   Upon the filing of a declaration of taking, the court shall have power to fix the time, the same to be not later than 60 days from the date of the filing of the declaration of taking as provided in Code Section 32-3-6, within which and the terms upon which the parties in possession shall be required to surrender possession to the petitioner. The court shall have power to make such orders in respect of encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as shall be just and equitable.    (Code 1933, § 95A-608, enacted by Ga. L. 1973, p. 947, § 1.)
GA Code § 32-3-13 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 3 - Acquisition of Property for Transportation Purposes|Article 1 - General Provisions|§ 32-3-13. Self-Executing Nature of Declaration of Taking; Court Costs; Entry of Judgment; Transfer of Case to Closed Docket; Effect of Code Section on Condemnor's Title

  No judgment of any court and no order or ruling of the judge thereof shall be necessary to give effect to the declaration of taking provided for in Code Section 32-3-6; but the same shall be self-executing, subject, however, to the power of the court as provided for in Code Section 32-3-11.   If no appeal is filed as provided for in Code Section 32-3-14, the condemnor shall, at the next term of the superior court convening not earlier than 30 days subsequent to the date of service, as provided for in Code Sections 32-3-8 and 32-3-9, or at any time thereafter, pay all accrued court costs in the case to the clerk of the superior court in which the same is pending, at which time the judge of the superior court shall enter judgment in favor of the condemnee and against the condemnor for the sum of money deposited by the condemnor with the declaration of taking. If such sum has been withdrawn from the court by the condemnee as provided for in Code Section 32-3-12, the clerk of the superior court shall mark such judgment satisfied; and if the condemnee has not withdrawn such sum the clerk shall immediately apply the same to the payment of the judgment and either transmit the same to the condemnee or cause the condemnee to be notified that he, the clerk, holds the same subject to the demand of the condemnee.   In any event, the case shall be transferred, under the conditions set out in this Code section, to the closed docket.   Nothing provided for in this Code section shall be construed as in any way affecting the title acquired by the condemnor by virtue of the declaration of taking, as provided for in Code Section 32-3-7.    (Code 1933, § 95A-609, enacted by Ga. L. 1973, p. 947, § 1.)
GA Code § 32-3-14 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 3 - Acquisition of Property for Transportation Purposes|Article 1 - General Provisions|§ 32-3-14. Filing Notice of Appeal

 If the owner, or any of the owners, or any person having a claim against or interest in the property is dissatisfied with the amount of compensation as estimated in the declaration of taking and deposited in court, as provided for in Code Section 32-3-7, such person or persons, or any of them, shall have the right, at any time subsequent to the filing of the declaration and the deposit of the fund into court, but not later than 30 days following the date of the service as provided for in Code Sections 32-3-8 and 32-3-9, to file with the court a notice of appeal, the same to be in writing and made a part of the record in the proceedings.   (Code 1933, § 95A-610, enacted by Ga. L. 1973, p. 947, § 1.)   Law reviews.   - For annual survey on zoning and land use law, see 61 Mercer L. Rev. 427 (2009).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Time Limitation on Appeals   Personal Service   Joint Owners   Issues on Appeal
GA Code § 32-3-17 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 3 - Acquisition of Property for Transportation Purposes|Article 1 - General Provisions|§ 32-3-17. Right to Intervene in Proceedings; Effect of Subsequent Proceedings on Rights of Condemnor

  No provision of this article in reference to any rule or order, or time for responding thereto, shall be held or construed to exclude any person by way of default from making known his rights or claims in the property or interests or in the fund arising therefrom. Any such person claiming an interest or any rights therein may file appropriate pleadings or intervention at any time before verdict and be fully heard thereon. If any person, at any time during the pendency of such proceeding, desires to come in and be heard on any claim to the fund or interest therein, he shall be allowed to do so.   After the filing of the declaration of taking and the payment of the fund into the registry of the court as provided for in Code Section 32-3-7, the petitioner shall not be concerned with or affected by any subsequent proceedings except as to the appeal and interlocutory petition provided for in Code Sections 32-3-14 and 32-3-15 respectively and concerning which the sole issue shall be as to the amount of just and adequate compensation.    (Code 1933, § 95A-613, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1982, p. 3, § 32.)
GA Code § 32-3-17.1 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 3 - Acquisition of Property for Transportation Purposes|Article 1 - General Provisions|§ 32-3-17.1. Decisions Upon Questions of Law; Power of Judge to Give Necessary Orders and Directions; Jury Trial in Open Court Only

 All questions of law arising upon the pleadings or in any other way arising from the cause, subsequent to the filing of the declaration of taking and the deposit of the fund, and subsequent to the filing of notice of appeal, if any, shall be passed on by the presiding judge who may, from time to time, make such orders and give such directions as are necessary to speed the cause, and as may be consistent with justice and due process of law; but no jury trial shall be had except in open court.    (Code 1981, §32-3-17.1, enacted by Ga. L. 1982, p. 3, § 32; Ga. L. 1985, p. 149, § 32.)
GA Code § 32-3-18 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 3 - Acquisition of Property for Transportation Purposes|Article 1 - General Provisions|§ 32-3-18. Prevention or Delay of Vesting of Title in Condemnor

 No appeal in any cause under this article and no bond or undertaking given shall operate to prevent or delay the vesting of title to such lands in the condemnor, subject, however, to the power of the court as provided in Code Section 32-3-20.   (Code 1933, § 95A-615, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1982, p. 3, § 32.)
GA Code § 32-3-20 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 3 - Acquisition of Property for Transportation Purposes|Article 1 - General Provisions|§ 32-3-20. Effect of Article on Other Methods of Condemnation

 In cases involving condemnation of private property for public road purposes or any other public transportation purpose, this article shall be supplementary to and cumulative of the methods of procedure for condemnation of private property prescribed in Chapter 2 of Title 22.   (Code 1933, § 95A-617, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1979, p. 973, § 6.)
GA Code § 32-3-30 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 3 - Acquisition of Property for Transportation Purposes|Article 2 - Acquisition of Rights of Way and Easements for Federal Parkways|§ 32-3-30. Power of Department to Acquire Rights of Way and Easements

 The department shall have the authority and is empowered to acquire, either by condemnation, purchase, gift, or other methods, rights of way and easements necessary to comply with the laws, rules, and regulations of the United States government for the construction of federal parkways in Georgia.   (Ga. L. 1967, p. 604, § 1; Ga. L. 1969, p. 982, § 1.)   Cross references.   - Easements generally, T. 44, C. 9.   RESEARCH REFERENCES   Am. Jur. 2d.   - 26 Am. Jur. 2d, Eminent Domain, §§ 99, 209, 210, 259. 27 Am. Jur. 2d, Eminent Domain, § 784 et seq. 39 Am. Jur. 2d, Highways, Streets, and Bridges, §§ 191, 192.   C.J.S.   - 29A C.J.S., Eminent Domain, §§ 146, 180.
GA Code § 32-3-31 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 3 - Acquisition of Property for Transportation Purposes|Article 2 - Acquisition of Rights of Way and Easements for Federal Parkways|§ 32-3-31. Method of Acquisition

 The authority delegated by this article to the department to acquire rights of way and easements for federal parkways shall be the same authority as hereinbefore provided by law for the acquisition of rights of way for present or future public road or other transportation purposes in Georgia; and the department shall exercise such authority in the same manner and under the same Code sections which provide for the construction of state-aid roads in this state.   (Ga. L. 1967, p. 604, § 2; Ga. L. 1969, p. 982, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 25 Am. Jur. 2d, Easements and Licenses in Real Property, § 14 et seq. 26 Am. Jur. 2d, Eminent Domain, §§ 87, 95, 294. 39 Am. Jur. 2d, Highways, Streets, and Bridges, §§ 32, 33, 191 et seq.   C.J.S.   - 28A C.J.S., Easements, § 21 et seq. 29A C.J.S., Eminent Domain, §§ 65, 118, 133, 146, 180 et seq. 39A C.J.S., Highways, §§ 1, 2, 3, 27, 178, 195 et seq.
GA Code § 32-3-32 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 3 - Acquisition of Property for Transportation Purposes|Article 2 - Acquisition of Rights of Way and Easements for Federal Parkways|§ 32-3-32. Acquisition of Fee Simple Title; Designation on Official County Map

 The rights of way acquired by the department may, at the option of the department, be a fee simple title; and the nature and extent of the rights of way and easements so acquired shall be designated upon an official county map showing the location of the rights of way across each county in this state.   (Ga. L. 1967, p. 604, § 5; Ga. L. 1969, p. 982, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 25 Am. Jur. 2d, Easements and Licenses in Real Property, § 12. 26 Am. Jur. 2d, Eminent Domain, §§ 87, 101. 27 Am. Jur. 2d, Eminent Domain, § 770 et seq.   C.J.S.   - 29A C.J.S., Eminent Domain, § 630. 39A C.J.S., Highways, § 203.
GA Code § 32-3-33 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 3 - Acquisition of Property for Transportation Purposes|Article 2 - Acquisition of Rights of Way and Easements for Federal Parkways|§ 32-3-33. Inclusion of Scenic Easements in Rights of Way

 The department may acquire scenic easements; and these may be included as part of the rights of way to be acquired by the department for federal parkways in those cases mutually acceptable to the department and the United States government or its appropriate agency.   (Ga. L. 1967, p. 604, § 3; Ga. L. 1969, p. 982, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 25 Am. Jur. 2d, Easements and Licenses in Real Property, § 7. 26 Am. Jur. 2d, Eminent Domain, §§ 135, 137, 156, 157. 39 Am. Jur. 2d, Highways, Streets, and Bridges, §§ 200 et seq., 208, 350.   C.J.S.   - 28A C.J.S., Easements, §§ 53, 82, 114. 29A C.J.S., Eminent Domain, §§ 133, 139, 151. 39A C.J.S., Highways, § 211.
GA Code § 32-3-34 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 3 - Acquisition of Property for Transportation Purposes|Article 2 - Acquisition of Rights of Way and Easements for Federal Parkways|§ 32-3-34. Amount of Land to Be Acquired for Rights of Way

  The lands and interest in lands to be acquired in fee simple for federal parkway rights of way shall average not more than 125 acres per mile plus not more than 25 acres per mile in scenic easements; and in no case shall the width of the fee simple rights of way for federal parkway land be less than 300 feet. It is the intent of this Code section that in using the acreage per mile method there will be permitted the balancing of the total acreage over the entire length of the federal parkway project within the state and that such usage will provide for flexibility to narrow or widen the fee simple lands acquired for federal parkways to meet specific conditions.   The variance of the width of the lands to be acquired by the department for federal parkways is to be dependent upon topographical conditions; requirements of federal parkway design; acquisition of acreage adjacent to the federal parkway at designated locations of scenic, historic, or recreational value or significance; simplicity and ease of rights of way acquisition; cost of rights of way acquisition; and other conditions considered by the department to be controlling; but in no case shall the width of the fee simple rights of way to be acquired for federal parkways be less than the 300 feet provided for in this Code section.    (Ga. L. 1967, p. 604, § 4; Ga. L. 1969, p. 982, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 25 Am. Jur. 2d, Easements and Licenses in Real Property, §§ 54, 55, 70. 27 Am. Jur. 2d, Eminent Domain, § 788. 39 Am. Jur. 2d, Highways, Streets, and Bridges, § 193.   C.J.S.   - 28A C.J.S., Easements, § 93 et seq. 39A C.J.S., Highways, § 206 et seq.   ALR.   - Width of way created by express grant, reservation, or exception not specifying width, 28 A.L.R.2d 253.
GA Code § 32-3-35 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 3 - Acquisition of Property for Transportation Purposes|Article 2 - Acquisition of Rights of Way and Easements for Federal Parkways|§ 32-3-35. Access for Private Roads

 The acquisition of rights of way by the department for federal parkways shall permit no reservations or interests of access for private roads connecting to or crossing the federal parkways; and the department shall acquire, as part of the rights of way for federal parkways, the rights and interests of access for private roads.   (Ga. L. 1967, p. 604, § 7; Ga. L. 1969, p. 982, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 26 Am. Jur. 2d, Eminent Domain, §§ 69, 70.   C.J.S.   - 29A C.J.S., Eminent Domain, § 33.
GA Code § 32-3-36 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 3 - Acquisition of Property for Transportation Purposes|Article 2 - Acquisition of Rights of Way and Easements for Federal Parkways|§ 32-3-36. Conveyance of Title to Rights of Way to United States Government or Its Appropriate Agency

 The department is authorized and empowered to convey such title or interest as is acquired for federal parkway rights of way to the United States government or its appropriate agency, free and clear of all claims for compensation.   (Ga. L. 1967, p. 604, § 6; Ga. L. 1969, p. 982, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 26 Am. Jur. 2d, Eminent Domain, §§ 17, 88, 90, 112, 223 et seq., 241, 269. 27 Am. Jur. 2d, Eminent Domain, §§ 365, 366, 381 et seq.   C.J.S.   - 29A C.J.S., Eminent Domain, §§ 20, 93, 100, 101, 133, 213 et seq.
GA Code § 32-3-37 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 3 - Acquisition of Property for Transportation Purposes|Article 2 - Acquisition of Rights of Way and Easements for Federal Parkways|§ 32-3-37. Use of Property Before Final Condemnation; Enforcement of Code Section

  When areas of land or interests in land have been tentatively designated by the United States government to be included within federal parkways but the final survey and plans necessary for the construction of federal parkways as provided by law have not yet been made, no person shall cut or remove any timber from such areas as so designated pending the completion and finalization of such survey and plans after receiving notice from the department that such area is under investigation. Any property owner who suffers loss or damage by reason of the restraint upon his right to use the timber upon his land pending such investigation and the finalization of survey and plans for the construction of federal parkways shall be entitled to recover compensation from the department for the temporary appropriation of his property and for any damage to his property caused by such temporary appropriation, in the event the same is not finally included within the area designated as a federal parkway.   The provisions of this Code section may be enforced under the same law now applicable for the adjustment and payment of compensation in the acquisition of rights of way for present or future public road or other transportation purposes.    (Ga. L. 1967, p. 604, § 9; Ga. L. 1969, p. 982, § 1.)
GA Code § 32-4-1 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 4 - State, County, and Municipal Road Systems|Article 1 - General Provisions|§ 32-4-1. Classification of Public Roads

 For purposes of jurisdiction and administration, the public roads of Georgia shall be divided and classified in accordance with the three types of classifications provided in this Code section:    STATE HIGHWAY SYSTEM. The state highway system shall consist of those public roads which on July 1, 1973, are shown by the records of the department to be "state-aid roads," those public roads thereafter designated by the department as part of the state highway system, and all of The Dwight D. Eisenhower System of Interstate and Defense Highways within the state;   COUNTY ROAD SYSTEMS. Each county road system shall consist of those public roads within that county, including county roads extending into any municipality within the county, which are shown to be part of that county road system by the department records on July 1, 1973, and any subsequent additions to such county road system made by the county;   MUNICIPAL STREET SYSTEMS. Each municipal street system shall consist of those public roads within the limits of that municipality which are not in any other classification under this Code section.    (Code 1933, § 95A-201, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2000, p. 136, § 32.)   OPINIONS OF THE ATTORNEY GENERAL   Deeding privately-owned road or driveway to county.   - Merely deeding privately owned road or driveway to county will not necessarily turn that private property into a public road. 1980 Op. Att'y Gen. No. U80-37.   When county must maintain roads annexed into municipalities.   - Because the county must maintain roads on the county road system and because public roads are not removed from the system by mere annexation into a municipality where the road lies, the county must continue to maintain roads on the county road system which are in areas annexed into a municipality until the governing authority of the county removes the roads from the county road system by appropriate action. 1976 Op. Att'y Gen. No. U76-21.   Contract for improvement of county road located in municipality.   - County may, by contract, obtain the cooperation of a municipality in the right-of-way acquisition for, and construction and maintenance of, a county road located within the municipality, but the county cannot require this of a municipality absent an appropriate contract. 1986 Op. Att'y Gen. No. U86-27.   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Highways, Streets, and Bridges, § 3.   C.J.S.   - 39A C.J.S., Highways, § 1.   ALR.    - Responsibility of county for injury from defect in highway, 2 A.L.R. 721.    Term "highway" in statutory provision relative to vehicle traffic as including street, 54 A.L.R. 1250.    Jurisdiction and power in respect of street road which is part of, or touches upon, a state or federal highway, 144 A.L.R. 307.