reglab/housing_qa huggingface dataset:
GA Code § 22-2-21 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 1 - Proceeding Before Assessors|Part 2 - Notice of Condemnation|§ 22-2-21. Direction of Notice Where Owner a Minor or Under Disability; Appointment of Guardian Ad Litem

  If the owner of the property or of any interest therein is a minor or under any disability whatsoever, notice of condemnation shall be served upon his or her guardian.   If there is no guardian, notice shall be served personally on the minor and on the judge of the probate court of the county where the property or interest is located. The judge shall thereupon appoint a guardian ad litem to represent the minor in the litigation.   If the judge of the probate court is disqualified, by reason of interest or other cause, notice shall be served on the clerk of the superior court of the county where the property or interest is located, who shall appoint a guardian ad litem to represent the minor.    (Ga. L. 1894, p. 95, §§ 5-7; Civil Code 1895, §§ 4661, 4662, 4663; Civil Code 1910, §§ 5210, 5211, 5212; Code 1933, §§ 36-305, 36-306, 36-307; Ga. L. 2004, p. 161, § 4.1.)   Editor's notes.   - Ga. L. 2004, p. 161, § 16, not codified by the General Assembly, provides that: "This Act shall become effective on July 1, 2005, and all appointments of guardians of the person or property made pursuant to former Title 29 shall continue in effect and shall thereafter be governed by the provisions of this Act."   JUDICIAL DECISIONS   Relief for owners of remainder interest not made parties to condemnation proceeding.    - Owners of remainder interest in property who were not made parties to an in rem proceeding to condemn that property for a public purpose could obtain monetary relief for the value of their remaindermant but could not set aside the judgment of condemnation awarding title to a public body. Georgia Dep't of Transp. v. Woodward, 254 Ga. 587, 331 S.E.2d 557 (1985).   RESEARCH REFERENCES   ALR.    - Proceeds of sale or condemnation of real property of infant or incompetent as real or personal property, 90 A.L.R. 897.
GA Code § 22-2-22 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 1 - Proceeding Before Assessors|Part 2 - Notice of Condemnation|§ 22-2-22. Serving Notice on Trustees of Trust Property and Remaindermen

 If the property or interest sought to be condemned is held in trust or if the condemnation is directed toward property in which remainders have been created, notice shall be served on the trustee and on any persons who have an interest under the conveyance.   (Ga. L. 1894, p. 95, § 8; Civil Code 1895, § 4664; Civil Code 1910, § 5213; Code 1933, § 36-308.)   RESEARCH REFERENCES   ALR.    - Protection of rights of mortgagee in eminent domain proceedings, 58 A.L.R. 1534; 110 A.L.R. 542; 154 A.L.R. 1110.
GA Code § 22-2-23 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 1 - Proceeding Before Assessors|Part 2 - Notice of Condemnation|§ 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 therein or the guardian of any owner resides out of the state, notice shall be served on the person in possession of the property or interest. Notice shall also be served on the nonresident owner or owners or the nonresident guardian as provided in Code Section 32-3-9. If the address of the owner or owners or of the guardian is not known, the judge of the probate court of the county where the property or interest is located shall act for such nonresident owners in the manner provided for unrepresented minors in Code Section 22-2-21.   (Ga. L. 1894, p. 95, § 9; Civil Code 1895, § 4665; Civil Code 1910, § 5214; Code 1933, § 36-309; Ga. L. 2004, p. 161, § 4.2.)   Editor's notes.   - Ga. L. 2004, p. 161, § 16, not codified by the General Assembly, provides that: "This Act shall become effective on July 1, 2005, and all appointments of guardians of the person or property made pursuant to former Title 29 shall continue in effect and shall thereafter be governed by the provisions of this Act."   JUDICIAL DECISIONS   Statutory requirements as to service must be observed.    - A condemnation proceeding under the power of eminent domain, even if it be considered as an action in rem, is a statutory proceeding, and statutory requirements as to service must be observed. Chattooga County v. Scott, 215 Ga. 68, 108 S.E.2d 876 (1959).    Cited in Whitney v. Central Ga. Power Co., 134 Ga. 213, 67 S.E. 197, 19 Ann. Cas. 982 (1910).   RESEARCH REFERENCES   C.J.S.   - 72 C.J.S., Process, §§ 1 et seq., 32 et seq.   ALR.   - Eminent domain: permissible modes of service of notice of proceedings, 89 A.L.R.2d 1404.
GA Code § 22-2-24 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 1 - Proceeding Before Assessors|Part 2 - Notice of Condemnation|§ 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 therein is unknown or if there is a possibility of unborn remaindermen having an interest, notice shall be served on the person in actual possession of the property or interest and also on the judge of the probate court of the county where the property or interest is located, who shall act for the unknown owner as provided for unrepresented minors in Code Section 22-2-21, provided that, whenever the unknown owner may appear, he may ask for and have another assessment under the terms of this title and he shall receive the amount then assessed. If the second assessment is less than the first, the judge of the probate court shall return the surplus to the person originally condemning.   (Ga. L. 1894, p. 95, § 10; Civil Code 1895, § 4666; Civil Code 1910, § 5215; Code 1933, § 36-310.)   RESEARCH REFERENCES   C.J.S.   - 72 C.J.S., Process, §§ 81 et seq., 100 et seq.   ALR.    - Are different estates or interests in real property taken under eminent domain to be valued separately, or is entire property to be valued as a unit and the amount apportioned among separate interests, 69 A.L.R. 1263; 166 A.L.R. 1211.   Rights in condemnation award where land taken was subject to possible rights of reverter or reentry, 81 A.L.R.2d 568.   Distribution as between life tenant and remainderman of proceeds of condemned property, 91 A.L.R.2d 963.
GA Code § 22-2-25 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 1 - Proceeding Before Assessors|Part 2 - Notice of Condemnation|§ 22-2-25. Manner and Time of Service

  Unless service is acknowledged or waived, a copy of the notice of condemnation shall be served by a sheriff or deputy at least 15 days before the day fixed for assessing the damage either:   Personally on the owner of the property or other interest or on the representative of any owner or on any other person entitled to service;   By leaving a copy of the notice at the residence of the owner, representative, or other person entitled to service; or   In the case of an owner, representative, or other person entitled to service who is a nonresident, by mailing a copy to that person's last known address.     In cases where service cannot be effected by leaving notice at place of residence or by personal service:   Fifteen days before the day fixed for assessing the damages, the sheriff shall post the notice at the door of the courthouse of the county where the property or interest is located; and   One week before the day fixed for assessing the damages, the sheriff shall cause the notice to be published once in the official organ of the county.      (Ga. L. 1894, p. 95, §§ 11, 12; Civil Code 1895, §§ 4667, 4668; Civil Code 1910, §§ 5216, 5217; Code 1933, §§ 36-311, 36-312; Ga. L. 1966, p. 248, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 27 Am. Jur. 2d, Eminent Domain, § 433 et seq.   C.J.S.   - 29A C.J.S., Eminent Domain, § 306 et seq. 72 C.J.S., Process, §§ 31 et seq., 32 et seq.   ALR.   - Eminent domain: permissible modes of service of notice of proceedings, 89 A.L.R.2d 1404.
GA Code § 22-2-26 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 1 - Proceeding Before Assessors|Part 2 - Notice of Condemnation|§ 22-2-26. Contents of Notice

  All notices shall be directed to the owner of the property or of any interest therein and shall:   Describe the property or franchise and the amount of interest therein sought to be condemned;   Fix the time when the hearing will be had on the premises;   Give the name of the assessor selected by the person seeking condemnation; and   Request the owner or owners, the trustee, or the representative, as the case may be, to select an assessor.     If the owner is unknown, the notice shall be directed to "all persons having any interest in the property located at ________ (description of location of property)."    (Ga. L. 1894, p. 95, § 13; Civil Code 1895, § 4669; Civil Code 1910, § 5218; Code 1933, § 36-313.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 27 Am. Jur. 2d, Eminent Domain, § 433 et seq.   C.J.S.   - 29A C.J.S., Eminent Domain, § 306 et seq. 72 C.J.S., Process, §§ 1 et seq., 32 et seq.
GA Code § 22-2-40 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 1 - Proceeding Before Assessors|Part 3 - Selection and Oath of Assessors|§ 22-2-40. Selection of Assessors Generally; Authority

  The condemnor and the condemnee shall each select an assessor, and the two assessors so selected shall select a third assessor. No person shall be selected as an assessor unless such person is a real estate appraiser who has an appraiser classification of certified general appraiser granted under Chapter 39A of Title 43, the "Real Estate Appraiser and Classification Act." The condemnor shall be liable for the costs of the assessor selected by or for the condemnor, the condemnee shall be liable for the costs of the assessor selected by or for the condemnee, and the costs of the assessor selected by the other assessors or by the judge shall be split equally between the condemnor and condemnee. The combined total costs of all three assessors shall not exceed $500.00 per day.   The assessors selected as provided in subsection (a) of this Code section shall have no authority to decide questions of law including, but not limited to, issues of compensability.   The assessors selected as provided in subsection (a) of this Code section shall have the authority to refer questions of law to the appropriate superior court prior to entering an award. Neither party shall be prohibited from appealing a question of law to the superior court after the entry of the assessor's award.    (Ga. L. 1894, p. 95, § 15; Civil Code 1895, § 4671; Civil Code 1910, § 5220; Code 1933, § 36-402; Ga. L. 1998, p. 1539, § 1.)   Law reviews.   - For review of 1998 legislation relating to eminent domain, see 15 Ga. St. U.L. Rev. 115 (1998).
GA Code § 22-2-41 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 1 - Proceeding Before Assessors|Part 3 - Selection and Oath of Assessors|§ 22-2-41. Selection of Assessor by Judge of the Probate Court; Selection of Assessor; Rights of Owners in Selecting Assessor

  If any party to the condemnation notifies the judge of the probate court of the county where the property or interest is located that the owner of the property has failed to select an assessor, or that the owners or their representatives have failed to agree on an assessor, or that the owner is unknown, or that the owner or any one of the owners is a minor or otherwise under disability and without legal representative, the judge of the probate court shall select an assessor for such owners or representatives. If the judge of the probate court is disqualified, the clerk of the superior court of the county shall make the selection after like notice.   All persons having any interest in the property sought to be condemned shall have equal rights in the selection of an assessor.    (Ga. L. 1894, p. 95, § 14; Civil Code 1895, § 4670; Civil Code 1910, § 5219; Code 1933, § 36-401.)   RESEARCH REFERENCES   C.J.S.   - 29A C.J.S., Eminent Domain, § 389 et seq.
GA Code § 22-2-42 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 1 - Proceeding Before Assessors|Part 3 - Selection and Oath of Assessors|§ 22-2-42. Failure of Parties' Nominees to Select Third Assessor

 If the two assessors selected by the condemnor and the condemnee do not agree upon a third assessor within five days after the selection of the second assessor, the judge of the superior court of the county where the property or interest is situated shall, upon application of either party, of which the other shall have notice, make the selection.   (Ga. L. 1894, p. 95, § 15; Civil Code 1895, § 4671; Civil Code 1910, § 5220; Code 1933, § 36-402.)
GA Code § 22-2-43 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 1 - Proceeding Before Assessors|Part 3 - Selection and Oath of Assessors|§ 22-2-43. Oath of Assessors

 The three assessors thus selected shall be sworn by some officer authorized to administer an oath "to do equal and exact justice between the parties according to law."   (Ga. L. 1894, p. 95, § 16; Civil Code 1895, § 4672; Civil Code 1910, § 5221; Code 1933, § 36-403.)
GA Code § 22-2-60 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 1 - Proceeding Before Assessors|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 cause the hearing cannot be conducted at the time fixed in the original notice, the assessors shall fix the time for the hearing and shall notify the parties in writing of the time and place of the hearing.   (Ga. L. 1894, p. 95, § 17; Civil Code 1895, § 4673; Civil Code 1910, § 5223; Code 1933, § 36-501.)   RESEARCH REFERENCES   C.J.S.   - 29A C.J.S., Eminent Domain, §§ 250 et seq., 335 et seq.
GA Code § 22-2-61 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 1 - Proceeding Before Assessors|Part 4 - Hearing|§ 22-2-61. Power of Assessors to Subpoena and to Compel Attendance; Right of Parties to Be Represented

  The assessors shall have the same power to issue subpoenas and compel the attendance of witnesses as is vested in the superior court.   Parties may be represented in person or by attorney before the assessors.    (Ga. L. 1894, p. 95, §§ 18, 30; Civil Code 1895, §§ 4674, 4686; Civil Code 1910, §§ 5222, 5224; Code 1933, §§ 36-502, 36-503.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 27 Am. Jur. 2d, Eminent Domain, §§ 409 et seq., 433 et seq.   C.J.S.   - 29A C.J.S., Eminent Domain, § 409 et seq.   ALR.   - Compelling testimony of opponent's expert in state court, 66 A.L.R.4th 213.
GA Code § 22-2-64 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 1 - Proceeding Before Assessors|Part 4 - Hearing|§ 22-2-64. Entry of Findings by Assessors

 The assessors shall enter their findings on the notice substantially as follows:   Upon the application of A.B. to condemn the following property or interest of C.D.: ________, notice was duly served by the sheriff (or his deputy) on C.D. (owner, trustee, representative, or judge of the probate court, as the case may be) by (mailing, posting, etc., as the case may be). The applicant appointed E.F. as assessor. The (owner, judge of the probate court, representative, as the case may be) appointed G.H. as assessor, and they two (or judge of the superior court) appointed I.J. as assessor; E.F., G.H., and I.J., after being duly sworn and hearing the evidence, find and award that for taking the property or interest sought to be condemned, to wit: ________, the said A.B. shall pay to C.D., as owner, the sum of $________. The consequential damages to the property or interest of C.D. not taken amount to $________, and the consequential benefits to $________; and the said A.B. shall pay said C.D. the difference between such damage and such benefit.   (Ga. L. 1894, p. 95, § 20; Civil Code 1895, § 4676; Civil Code 1910, § 5226; Code 1933, § 36-507.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 27 Am. Jur. 2d, Eminent Domain, § 548 et seq.   C.J.S.   - 29A C.J.S., Eminent Domain, § 389 et seq.
GA Code § 22-2-65 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 1 - Proceeding Before Assessors|Part 4 - Hearing|§ 22-2-65. Filing and Recording of Award

 Within ten days after the award is made, it shall be filed and recorded in the office of the clerk of the superior court of the county where the property or interest is situated.   (Ga. L. 1894, p. 95, § 21; Civil Code 1895, § 4677; Civil Code 1910, § 5227; Code 1933, § 36-508.)   RESEARCH REFERENCES   C.J.S.   - 29A C.J.S., Eminent Domain, § 512 et seq.   ALR.   - Referee's failure to file report within time specified by statute, court order, or stipulation as terminating reference, 71 A.L.R.4th 889.
GA Code § 22-2-80 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 1 - Proceeding Before Assessors|Part 5 - Appeals and Final Judgment|§ 22-2-80. Appeal to Jury in Superior Court Generally

 In case either party is dissatisfied with the amount of the assessors' award, he or they may, within ten days from the time the award is filed, enter in writing an appeal from the award to the superior court of the county where the award is filed. At the term succeeding the filing of the appeal, it shall be the duty of the judge to cause an issue to be made and tried by a jury as to the value of the property or interest taken or the amount of damage done, with the same right to move for a new trial and file an appeal as in other cases at law.   (Ga. L. 1894, p. 95, § 22; Civil Code 1895, § 4678; Civil Code 1910, § 5228; Code 1933, § 36-601.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 4 Am. Jur. 2d, Appellate Review, § 189. 27 Am. Jur. 2d, Eminent Domain, § 573 et seq.   ALR.    - Provision for taking or retaining possession pending appeal in condemnation proceeding, 55 A.L.R. 201.    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.   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.   Right of adjoining landowners to intervene in condemnation proceedings on ground that they might suffer consequential damage, 61 A.L.R.2d 1292.   How to obtain jury trial in eminent domain: waiver, 12 A.L.R.3d 7.   Eminent domain: recovery of value of improvements made with knowledge of impending condemnation, 98 A.L.R.3d 504.
GA Code § 22-2-81 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 1 - Proceeding Before Assessors|Part 5 - Appeals and Final Judgment|§ 22-2-81. 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 not hinder or delay in any way the condemnor's right to use the condemned property or interest, provided that the condemnor pays or tenders to the owner the amount of the award and, in case of the refusal of the owner to accept the award, deposits the amount awarded with the clerk of the superior court for the benefit of the owner.   (Ga. L. 1894, p. 95, § 23; Civil Code 1895, § 4679; Civil Code 1910, § 5229; Code 1933, § 36-602.)   Law reviews.   - For comment on Georgia Power Co. v. Fountain, 207 Ga. 361, 61 S.E.2d 454 (1950), see 13 Ga. B.J. 341 (1951).   JUDICIAL DECISIONS   Award by assessors binding until reversed or set aside.    - An award by condemnation assessors and the order and judgment of the court directing the filing thereof are judgments rendered by a competent tribunal, and, even if erroneous, are binding upon a condemnee until reversed or set aside, and cannot be collaterally attacked in the condemnee's equitable petition for injunction against the condemnor's contractor. McGreggor v. W.L. Florence Constr. Co., 208 Ga. 176, 65 S.E.2d 809 (1951).    Cited in Central Ga. Power Co. v. Stone, 142 Ga. 662, 83 S.E. 524 (1914); Gaston v. Shunk Plow Co., 161 Ga. 287, 130 S.E. 580 (1925); Georgia Power Co. v. Fountain, 207 Ga. 361, 61 S.E.2d 454 (1950); Olliff v. Housing Auth., 89 Ga. App. 43, 78 S.E.2d 549 (1953); Mitchell v. State Hwy. Dep't, 216 Ga. 517, 118 S.E.2d 88 (1961); Robinson v. Transcontinental Gas Pipe Line Corp., 306 F. Supp. 201 (N.D. Ga. 1969); Georgia Dep't of Transp. v. Woodward, 254 Ga. 587, 331 S.E.2d 557 (1985).   RESEARCH REFERENCES   Am. Jur. 2d.   - 27 Am. Jur. 2d, Eminent Domain, § 573 et seq.   ALR.   - Eminent domain: payment or deposit of award in court as affecting condemnor's right to appeal, 40 A.L.R.3d 203.
GA Code § 22-2-82 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 1 - Proceeding Before Assessors|Part 5 - Appeals and Final Judgment|§ 22-2-82. 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 prevent either party from prosecuting the appeal. If the amount awarded by the assessors is less than that found by the final judgment, the person seeking condemnation shall be bound to pay the sum so finally adjudged in order to retain the property or interest. If the amount of the final judgment is less than that awarded by the assessors, the owner shall be bound to refund any excess paid to or received by him; and a judgment for such excess shall be rendered against him to be collected by levy as in other cases.   (Ga. L. 1894, p. 95, § 24; Civil Code 1895, § 4680; Civil Code 1910, § 5230; Code 1933, § 36-603.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 4 Am. Jur. 2d, Appellate Review, § 75 et seq.   C.J.S.   - 29A C.J.S., Eminent Domain, § 613.   ALR.    - Right of court to reduce or increase award in condemnation and confirm it as reduced or increased, 61 A.L.R. 194.   Condemnor's right, as against condemnee, to interest on excessive money deposited in court or paid to condemnee, 99 A.L.R.2d 886.   Eminent domain: payment or deposit of award in court as affecting condemnor's right to appeal, 40 A.L.R.3d 203.
GA Code § 22-2-83 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 1 - Proceeding Before Assessors|Part 5 - Appeals and Final Judgment|§ 22-2-83. Issuance of Execution on Award or Judgment

 If the condemnor fails to pay the amount of the award or judgment within ten days after the same is filed or entered, then the clerk shall issue execution upon such award or judgment which may be levied upon any property of the condemnor.   (Ga. L. 1894, p. 95, § 25; Civil Code 1895, § 4681; Civil Code 1910, § 5231; Code 1933, § 36-604.)   RESEARCH REFERENCES   C.J.S.   - 29A C.J.S., Eminent Domain, § 512 et seq.