reglab/housing_qa huggingface dataset:
GA Code § 22-2-130 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 3 - Proceeding Before Court|§ 22-2-130. Authority to Petition Superior Court for Judgment in Rem; Applicability to Acquisition of Public Property

  Whenever the government of the State of Georgia, the United States government, or any person having the privilege of exercising the right of eminent domain desires to take or damage private property in pursuance of any law so authorizing and finds or believes that the title of the apparent or presumptive owner of such property is defective, doubtful, incomplete, or in controversy or that there are or may be unknown persons or nonresidents who have or may have some claim or demand thereon or some actual or contingent interest or estate therein or that there are minors or persons under disability who are or may be interested therein or that there are taxes due or that should be paid thereon or concludes for any reason that it is desirable to have a judicial ascertainment of any question connected with the matter, such government or person may, through any authorized representative, petition the superior court of the county having jurisdiction for a judgment in rem against the property or interest, condemning the same to the use of the petitioner upon payment of just and adequate compensation therefor to the person or persons entitled to such payment.   Notwithstanding the provisions of subsection (a) of this Code section, the provisions of this article shall also apply to the acquisition of public property or an interest therein by condemnation and the power of eminent domain. As used in this subsection, the term "public property" has the meaning provided for in Code Section 50-16-180.    (Ga. L. 1914, p. 92, § 1; Code 1933, § 36-1104; Ga. L. 1937-38, Ex. Sess., p. 251, § 1; Ga. L. 1986, p. 1187, § 3.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 27 Am. Jur. 2d, Eminent Domain, §§ 548 et seq., 563 et seq.   9A Am. Jur. Pleading and Practice Forms, Eminent Domain, §§ 2 et seq., 30 et seq.   ALR.    - Condemnation by de facto corporation, 44 A.L.R. 542.    Condemnation of public utility property for public utility purposes, 173 A.L.R. 1362.
GA Code § 22-2-131 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 3 - Proceeding Before Court|§ 22-2-131. Contents of Petition

  The petition referred to in Code Section 22-2-130 shall set forth:   The facts showing the right to condemn;   The property or interest to be taken or damaged;   The names and residences of the persons whose property or interests are to be taken or otherwise affected, so far as known;   A description of any unknown persons or classes of unknown persons whose rights in the property or interest are to be affected;   Such other facts as are necessary for a full understanding of the cause;   A statement setting forth the necessity to condemn the private property and describing the public use for which the condemnor seeks the property; and   A prayer for such judgment of condemnation as may be proper and desired.     If any of the persons referred to in this Code section are minors or under disability, the fact shall be stated.    (Ga. L. 1914, p. 92, § 2; Code 1933, § 36-1105; Ga. L. 2006, p. 39, § 14/HB 1313.)   Editor's notes.   - Ga. L. 2006, p. 39, § 1/HB 1313, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as 'The Landowner's Bill of Rights and Private Property Protection Act.'"   Ga. L. 2006, p. 39, § 25/HB 1313, not codified by the General Assembly, provides that the amendment to this Code section shall only apply to petitions for condemnation filed on or after April 4, 2006.   Law reviews.   - For article on 2006 amendment of this Code section, see 23 Ga. St. U.L. Rev. 157 (2006).   JUDICIAL DECISIONS    It is not necessary that condemnation petition allege unsuccessful effort to procure land by contract or a failure to agree as to compensation. Hoch v. Candler, 190 Ga. 390, 9 S.E.2d 622 (1940).    When petition for condemnation as amended fully meets requirements of this section, the trial judge does not err in overruling a general demurrer (now motion to dismiss). Martin v. Fulton County, 213 Ga. 761, 101 S.E.2d 716 (1958).    Cited in United States v. A Certain Tract or Parcel of Land, 47 F. Supp. 30 (S.D. Ga. 1942); State Hwy. Dep't v. Hendrix, 215 Ga. 821, 113 S.E.2d 761 (1960).   RESEARCH REFERENCES   Am. Jur. 2d.   - 27 Am. Jur. 2d, Eminent Domain, § 416 et seq.   9A Am. Jur. Pleading and Practice Forms, Eminent Domain, §§ 2 et seq., 6 et seq., 30 et seq.   C.J.S.   - 29A C.J.S., Eminent Domain, §§ 250 et seq., 317 et seq.
GA Code § 22-2-133 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 3 - Proceeding Before Court|§ 22-2-133. Service of Process Generally

 All persons entitled to notice under the facts stated in the petition who are sui juris and within this state and whose residence is known shall be served by the sheriff with a copy of the petition and order as in other causes at law, unless such service is waived in writing. All other service shall be made in the method pointed out by Part 2 of Article 1 of Chapter 2 of this title, and all persons so served shall be deemed parties to the cause.   (Ga. L. 1914, p. 92, § 3; Code 1933, § 36-1107.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 27 Am. Jur. 2d, Eminent Domain, § 433 et seq.   9A Am. Jur. Pleading and Practice Forms, Eminent Domain, §§ 2 et seq., 6 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 § 22-2-134 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 3 - Proceeding Before Court|§ 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 to be in the interest of justice and of more effective notice to cause additional notice or service to be given, it shall be within his discretion so to order. In such cases, the additional notice and service shall be made as ordered before the cause proceeds to final hearing. In cases where any taxes are alleged or supposed to be due or unpaid, the order shall direct that a separate notice to that effect be given the proper tax collector or tax commissioner.   (Ga. L. 1914, p. 92, § 3; Code 1933, § 36-1108.)   RESEARCH REFERENCES   9A Am. Jur. Pleading and Practice Forms, Eminent Domain, §§ 2 et seq., 6 et seq.   C.J.S.   - 72 C.J.S., Process, §§ 1 et seq., 32 et seq.
GA Code § 22-2-135 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 3 - Proceeding Before Court|§ 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 Code Section 22-2-132, or at any other time to which the hearing may be continued, the court, having first passed on and adjudged all questions touching service and notice, shall, after hearing from all persons responding and desiring to be heard, make such order as to the appointment of assessors as shall conform most nearly to Article 1 of this chapter and give all interested persons equal rights in the selection thereof. If, by reason of conflicting interests or otherwise, such equality of right cannot be preserved, the judge shall himself make such order on the subject as shall secure a fair and impartial assessment or may in his discretion order the issues tried in the first instance by a jury. In any event, it shall be within the power of the court to hear the cause as speedily as may be consistent with justice and due process of law.   (Ga. L. 1914, p. 92, § 4; Code 1933, § 36-1109.)   OPINIONS OF THE ATTORNEY GENERAL   Award must be tendered or paid before condemnor can enter upon land.   - The full sum awarded in any condemnation proceeding must be tendered to the condemnee, or paid into court in the event the condemnee refuses to accept payment, before the condemnor may enter upon, occupy, or subject the land to its use. 1967 Op. Att'y Gen. No. 67-108.   Prerequisite to appealing award.   - It is not necessary for the agency bringing condemnation proceedings to place any appraised amount in trust prior to a court ruling; however, if assessors are appointed as provided in this section, the condemning authority cannot appeal the assessors' award without tender of the amount of the award to the condemnee or payment into the registry of the court. 1967 Op. Att'y Gen. No. 67-108.    Soil and water conservation district need not have funds on hand merely to institute condemnation proceeding.  1967 Op. Att'y Gen. No. 67-108.   RESEARCH REFERENCES   Am. Jur. 2d.   - 27 Am. Jur. 2d, Eminent Domain, §§ 486 et seq., 492 et seq.   9A Am. Jur. Pleading and Practice Forms, Eminent Domain, §§ 2 et seq., 178 et seq.   C.J.S.   - 29A C.J.S., Eminent Domain, § 396 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.   How to obtain jury trial in eminent domain: waiver, 12 A.L.R.3d 7.   Eminent domain: determination of just compensation for condemnation of billboards or other advertising signs, 73 A.L.R.3d 1122.
GA Code § 22-2-136 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 3 - Proceeding Before Court|§ 22-2-136. Appeal From Assessors' Award

 In case assessors are appointed, the same right of appeal shall lie from their award to a jury in the superior court, as is provided in Part 5 of Article 1 of this chapter and upon like terms and conditions in all respects as are therein provided.   (Ga. L. 1914, p. 92, § 4; Code 1933, § 36-1110.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 27 Am. Jur. 2d, Eminent Domain, § 573 et seq.   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.   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 § 22-2-138 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 3 - Proceeding Before Court|§ 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 have respect either to the entire and unencumbered fee or to any separate claim against or interest in the property, as the court may order. The award or verdict may be molded under the direction of the court so as to do complete justice and avoid confusion of interests. It shall be within the power of the court, upon payment of the award or verdict into the registry of the court, to adjudge a condemnation of the title to the property or interest therein and give such direction as to the disposition of the fund as shall be proper, according to the rights of the several respondents, and to cause such pleadings to be filed and such issues to be made as shall be appropriate for an ascertainment and determination of such rights.   (Ga. L. 1914, p. 92, § 5; Code 1933, § 36-1111.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 27 Am. Jur. 2d, Eminent Domain, §§ 548 et seq., 563 et seq.   9A Am. Jur. Pleading and Practice Forms, Eminent Domain, § 90 et seq.   ALR.   - Quotient condemnation report or award by commissioners or the like, 39 A.L.R.2d 1208.
GA Code § 22-2-139 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 3 - Proceeding Before Court|§ 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 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 interest or in the fund arising therefrom. Any person making any such claim may file appropriate pleadings or intervention at any time before verdict or award, and such person shall be fully heard thereon. If any person after judgment of condemnation desires to come in and be heard on any such claim, he shall be allowed to do so. After condemnation is had and the fund paid into the registry of the court, the condemnor shall not be concerned with or affected by any subsequent proceedings unless upon appeal from the verdict or award as provided in Code Section 22-2-136.   (Ga. L. 1914, p. 92, § 7; Code 1933, § 36-1113.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 27 Am. Jur. 2d, Eminent Domain, § 414.   9A Am. Jur. Pleading and Practice Forms, Eminent Domain, § 241 et seq.   C.J.S.   - 29A C.J.S., Eminent Domain, § 255 et seq.   ALR.   - Right of adjoining landowners to intervene in condemnation proceedings on ground that they might suffer consequential damage, 61 A.L.R.2d 1292.
GA Code § 22-2-140 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 3 - Proceeding Before Court|§ 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 tax commissioner notified as required in Code Section 22-2-134 to make known to the court in writing the taxes due on the property or interest; and the court shall give such direction as will satisfy the tax liability and discharge the lien thereon.   (Ga. L. 1914, p. 92, § 8; Code 1933, § 36-1114.)   RESEARCH REFERENCES   ALR.   - Rights in respect of real-estate taxes where property is taken in eminent domain, 45 A.L.R.2d 522.
GA Code § 22-2-141 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 3 - Proceeding Before Court|§ 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 by assessors or by the verdict of a jury, together with the decree of the court based thereon and a full and complete description of the property or interest condemned or duly certified copies of such award, decree, and description, shall be filed and recorded in the records of deeds in the office of the clerk of the superior court of the county where the land so condemned lies. If the land lies in more than one county, such filing and recording shall be made in each county in which the land lies. The clerk shall be entitled to the same fees for such filing and recording as are allowed by law for the filing and recording of deeds, said fees to be paid by the party in whose favor said condemnation is had.   (Ga. L. 1919, p. 231, § 1; Code 1933, § 36-1116.)   Cross references.   - Duty of clerk of superior court to maintain record of deeds, § 15-6-61.   JUDICIAL DECISIONS    Cited in DOT v. Garrett, 154 Ga. App. 104, 267 S.E.2d 643 (1980).   RESEARCH REFERENCES   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 § 22-2-142 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 3 - Proceeding Before Court|§ 22-2-142. Intent of Article Regarding Effect on Other Methods of Condemnation

 This article is intended to be supplementary to and cumulative of Articles 1 and 2 of this chapter in cases in which the State of Georgia, the United States, or any person having the privilege of exercising the right of eminent domain is concerned. This article is also intended to make simpler and more effective the method of condemnation in those cases where conflicting interests or doubtful questions render a judicial supervision of the procedure desirable. In all particulars not otherwise specially provided for in this article, the court shall conform its procedure as nearly as possible to Articles 1 and 2 of this chapter, and the same shall remain in force.   (Ga. L. 1914, p. 92, § 9; Code 1933, § 36-1115; Ga. L. 1937-38, Ex. Sess., p. 251, § 1.)   RESEARCH REFERENCES   ALR.    - Condemnation by de facto corporation, 44 A.L.R. 542.
GA Code § 22-3-1 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 3 - Exercise of Power of Eminent Domain for Special Purposes|Article 1 - Construction, Maintenance, and Operation of Telegraph and Telephone Lines Along Railroad Rights of Way|§ 22-3-1. Direction and Contents of Notice of Condemnation

 When a telegraph or telephone company undertakes to condemn so much of the right of way of a railroad company as may be necessary for the purpose of constructing, maintaining, and operating its telegraph or telephone lines along and upon such right of way, the notice of condemnation provided for in Code Section 22-2-26 shall be directed to the railroad company and shall:    Set out the manner in which the telegraph or telephone company proposes to construct its lines on the right of way of the railroad company;   Fix the time when the hearing shall be had;   Give the name of the assessor selected by the telegraph or telephone company; and   Request the railroad company to select an assessor.    (Ga. L. 1898, p. 54, § 1; Civil Code 1910, § 5236; Code 1933, § 36-701.)   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.   ALR.    - Right of carrier to discriminate between telegraph or telephone companies, 60 A.L.R. 1081.   Compensation for, or extent of rights acquired by, taking of land, as affected by condemnor's promissory statements as to character of use or undertakings to be performed by it, 7 A.L.R.2d 364.   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 to condemn property in excess of needs for a particular public purpose, 6 A.L.R.3d 297.   Eminent domain: validity of appropriation of property for anticipated future use, 80 A.L.R.3d 1071.   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: recovery of value of improvements made with knowledge of impending condemnation, 98 A.L.R.3d 504.
GA Code § 22-3-2 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 3 - Exercise of Power of Eminent Domain for Special Purposes|Article 1 - Construction, Maintenance, and Operation of Telegraph and Telephone Lines Along Railroad Rights of Way|§ 22-3-2. Manner of Service of Notice

 Notice of condemnation shall be served upon the railroad company in the manner provided for the service of other actions upon railroad companies. It shall not be necessary to serve such notice upon any person or corporation other than the railroad company in possession of and operating the railroad whose right of way is sought to be condemned by the telegraph or telephone company for its use; and only the interest of such railroad company so served shall be affected by the proceedings.   (Ga. L. 1898, p. 54, § 1; Civil Code 1910, § 5237; Code 1933, § 36-702.)   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.   ALR.   - Eminent domain: permissible modes of service of notice of proceedings, 89 A.L.R.2d 1404.
GA Code § 22-3-3 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 3 - Exercise of Power of Eminent Domain for Special Purposes|Article 1 - Construction, Maintenance, and Operation of Telegraph and Telephone Lines Along Railroad Rights of Way|§ 22-3-3. Necessity for Only One Proceeding; Location of Proceedings; Form of Assessors' Findings

 There need be but one condemnation proceeding against the same railroad company, which proceeding may be conducted in any county where service can be made upon the company as provided in Code Section 22-3-2. However, if the railroad company has a main or principal office located in this state, the proceeding shall be conducted in the county in which the main or principal office is located. The assessors shall make their findings of the damages to which the railroad company may be entitled by reason of the construction, maintenance, and operation of the telegraph or telephone lines in the manner set out in the notice.   (Ga. L. 1898, p. 54, § 1; Civil Code 1910, § 5238; Code 1933, § 36-703.)   RESEARCH REFERENCES   ALR.   - Right of adjoining landowners to intervene in condemnation proceedings on ground that they might suffer consequential damage, 61 A.L.R.2d 1292.
GA Code § 22-3-4 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 3 - Exercise of Power of Eminent Domain for Special Purposes|Article 1 - Construction, Maintenance, and Operation of Telegraph and Telephone Lines Along Railroad Rights of Way|§ 22-3-4. Location of Hearing Before Assessors; Evidence Upon Which Findings May Be Based

 The hearing may be conducted in the office of the judge of the probate court of the county in which the condemnation proceedings are had or at such other place as the assessors may fix. In assessing the damages to the railroad company, the assessors need not go upon or inspect the premises sought to be condemned, but they shall make their findings upon the testimony heard by them.   (Ga. L. 1898, p. 54, § 1; Civil Code 1910, § 5239; Code 1933, § 36-704.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 27 Am. Jur. 2d, Eminent Domain, §§ 516 et seq., 520 et seq.   C.J.S.   - 29A C.J.S., Eminent Domain, § 335 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.   Right to view by jury in condemnation proceedings, 77 A.L.R.2d 548.   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 § 22-3-61 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 3 - Exercise of Power of Eminent Domain for Special Purposes|Article 3 - Construction and Operation of Waterworks and Sanitary Sewage Systems|§ 22-3-61. Condemnation Procedure

 If a person seeking to exercise the power of eminent domain under this article fails to procure, by contract, title to the land necessary or proper for the construction and successful operation of a waterworks or sanitary sewerage system, or both, and the parties cannot agree upon the damage done, the same shall be assessed as provided in Chapter 2 of this title.   (Ga. L. 1889, p. 184, § 2; Civil Code 1895, § 2408; Civil Code 1910, § 2924; Code 1933, § 36-902; Ga. L. 1990, p. 731, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 27 Am. Jur. 2d, Eminent Domain, § 370 et seq.   C.J.S.   - 29A C.J.S., Eminent Domain, § 250 et seq.   ALR.   - 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.   Eminent domain: recovery of value of improvements made with knowledge of impending condemnation, 98 A.L.R.3d 504.