reglab/housing_qa huggingface dataset:
GA Code § 22-1-11 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 1 - General Provisions|§ 22-1-11. Determination of Authority to Exercise Public Domain

 Before the vesting of title in the condemnor and upon motion of the condemnee, or within ten days of the entry of the special master's award by entry of exception to the case, the court shall determine whether the exercise of the power of eminent domain is for a public use and whether the condemning authority has the legal authority to exercise the power of eminent domain and may stay other proceedings of the condemnation pending the decision of the court. The condemning authority shall bear the burden of proof by the evidence presented that the condemnation is for a public use as defined in Code Section 22-1-1. Nothing in this Code section shall be construed to require the condemnee to seek or obtain a special master's award prior to a hearing or decision by the court under this Code section.    (Code 1981, §22-1-11, enacted by Ga. L. 2006, p. 39, § 5/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 apply to those condemnation proceedings filed on or after February 9, 2006, where title has not vested in the condemning authority unless constitutionally prohibited.   Law reviews.   - For article on 2006 enactment of this Code section, see 23 Ga. St. U.L. Rev. 157 (2006).   JUDICIAL DECISIONS   Dismissal of action as nonjusticiable upheld.    - Because the city had yet to file a condemnation action against a landowner, the landowner's suit seeking a public use determination under O.C.G.A. § 22-1-11 was properly dismissed, as it failed to present a justiciable controversy, and the city's mere inchoate intention to do so, if at all, did not give rise to a justiciable cause of action; moreover, if the appeals court construed § 22-1-11 to be applicable before the initiation of a condemnation action, the court would render meaningless the phrase "before the vesting of title in the condemnor," because that clarification would be redundant. Fox v. City of Cumming, 289 Ga. App. 803, 658 S.E.2d 408 (2008).   Property owner's interpretation was not lacking in justification.    - Property owner's interpretation of O.C.G.A. § 22-1-11 was not so devoid of a justiciable issue or so lacking in substantial justification that it could not be reasonably believed that a court would accept that interpretation, such that an award of attorney fees against the owner pursuant to O.C.G.A. § 9-15-14(a) and (b) could not stand. Fox v. City of Cumming, 298 Ga. App. 134, 679 S.E.2d 365 (2009).    Cited in City of Marietta v. Summerour, 302 Ga. 645, 807 S.E.2d 324 (2017).   RESEARCH REFERENCES   Am. Jur. 2d.   - 26 Am. Jur. 2d, Eminent Domain, §§ 17 et seq., 42 et seq.   C.J.S.   - 29A C.J.S., Eminent Domain, § 22 et seq.
GA Code § 22-1-12 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 1 - General Provisions|§ 22-1-12. Reimbursement to Property Owner of Reasonable Costs and Expenses Associated With Condemnation Proceedings

 In all actions where a condemning authority exercises the power of eminent domain, the court having jurisdiction of a proceeding instituted by a condemnor to acquire real property by condemnation shall award the owner of any right or title to or interest in such real property such sum as will in the opinion of the court reimburse such owner for his or her reasonable costs and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the condemnation proceedings, if:    The final judgment is that the condemning authority cannot acquire the real property by condemnation; or   The proceeding is abandoned by the condemning authority.     (Code 1981, §22-1-12, enacted by Ga. L. 2006, p. 39, § 5/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 apply to those condemnation proceedings filed on or after February 9, 2006, where title has not vested in the condemning authority unless constitutionally prohibited.   Law reviews.   - For article on 2006 enactment of this Code section, see 23 Ga. St. U.L. Rev. 157 (2006). For annual survey on real property law, see 61 Mercer L. Rev. 301 (2009). For survey article on real property law, see 67 Mercer L. Rev. 193 (2015). For annual survey of real property law, see 68 Mercer L. Rev. 231 (2016).   JUDICIAL DECISIONS    Cited in City of Marietta v. Summerour, 302 Ga. 645, 807 S.E.2d 324 (2017); Morgan County v. Gay, 352 Ga. App. 555, 834 S.E.2d 576 (2019), cert. denied, No. S20C0331, 2020 Ga. LEXIS 380 (Ga. 2020), cert. denied, No. S20C0495, 2020 Ga. LEXIS 390 (Ga. 2020), cert. denied, No. S20C0332, 2020 Ga. LEXIS 398 (Ga. 2020).   RESEARCH REFERENCES   Am. Jur. 2d.   - 26 Am. Jur. 2d, Eminent Domain, §§ 112 et seq., 182 et seq.   C.J.S.   - 29A C.J.S., Eminent Domain, § 550 et seq.
GA Code § 22-1-13 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 1 - General Provisions|§ 22-1-13. Compensation to Condemnee for Relocation Damages and Expenses

 In addition to the types of relocation damages permissible under law, any condemnee that is displaced as a result of the condemnation shall be entitled to:    Actual reasonable expenses in moving himself or herself, his or her family, business, farm operation, or other personal property within a reasonable distance from the property condemned;   Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation;   Such other relocation expenses as authorized by law; and   With the consent of the condemnee, the condemnor may provide alternative site property as full or partial compensation.     (Code 1981, §22-1-13, enacted by Ga. L. 2006, p. 39, § 5/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 apply to those condemnation proceedings filed on or after February 9, 2006, where title has not vested in the condemning authority unless constitutionally prohibited.   Law reviews.   - For article on 2006 enactment of this Code section, see 23 Ga. St. U.L. Rev. 157 (2006).   JUDICIAL DECISIONS    Cited in City of Marietta v. Summerour, 302 Ga. 645, 807 S.E.2d 324 (2017).   RESEARCH REFERENCES   Am. Jur. 2d.   - 26 Am. Jur. 2d, Eminent Domain, § 805 et seq.   C.J.S.   - 29A C.J.S., Eminent Domain, § 181 et seq.
GA Code § 22-1-14 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 1 - General Provisions|§ 22-1-14. Valuation of Condemned Property

  When property is condemned under this title or any other title of this Code, the value of the condemned property may be determined through lay or expert testimony and its admissibility shall be addressed to the sound discretion of the court.   If any party to a condemnation proceeding seeks to introduce expert testimony as to the issue of just and adequate compensation, Code Section 24-7-702 shall not apply.     (Code 1981, §22-1-14, enacted by Ga. L. 2006, p. 39, § 5/HB 1313; Ga. L. 2011, p. 99, § 38/HB 24.)   Cross references.   - Expert opinion testimony in civil actions, § 24-7-702.   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 apply to those condemnation proceedings filed on or after February 9, 2006, where title has not vested in the condemning authority unless constitutionally prohibited.   Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.   Law reviews.   - For annual survey of evidence law, see 58 Mercer L. Rev. 151 (2006). For article on 2006 enactment of this Code section, see 23 Ga. St. U.L. Rev. 157 (2006). For article, "Evidence," see 27 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011).   JUDICIAL DECISIONS   Lay witness opinion inadmissible on cost to build bridge.    - Trial court did not abuse the court's discretion in excluding, for insufficient foundation, a witness's opinion testimony concerning the cost to build a bridge over a waterway to cure trusts' lost usage after the condemnation of a ford over the waterway because the proffer the trusts made did not demonstrate pursuant to O.C.G.A. § 24-9-66 a basis upon which the witness could have formed the witness's own opinion on the cost to build the bridge apart from the single estimate the witness received; the trusts did not proffer that the witness obtained any other estimates concerning the cost to construct the bridge, spoke to anyone else about that cost, or possessed or sought to obtain any other information about that cost or about the accuracy of the estimate the witness had received. Martha K. Wayt Trust v. City of Cumming, 306 Ga. App. 790, 702 S.E.2d 915 (2010).    Cited in Mason v. Home Depot U.S.A., Inc., 283 Ga. 271, 658 S.E.2d 603 (2008).   RESEARCH REFERENCES   Am. Jur. 2d.   - 26 Am. Jur. 2d, Eminent Domain, § 223 et seq.   C.J.S.   - 29A C.J.S., Eminent Domain, § 141 et seq.
GA Code § 22-4-1 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 4 - Relocation Assistance and Land Acquisition for Those Displaced by Federal-Aid Projects|§ 22-4-1. Short Title; "Uniform Act" Defined

  This chapter shall be known as "The Georgia Relocation Assistance and Land Acquisition Policy Act."   As used in this chapter, the term "Uniform Act" means the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended by the Uniform Relocation Act Amendments of 1987, Title IV of Public Law 100-17.    (Ga. L. 1973, p. 512, § 1; Ga. L. 1989, p. 213, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1996, quotation marks that enclosed "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970," and "Uniform Relocation Act Amendments of 1987," were deleted in subsection (b).   JUDICIAL DECISIONS    Cited in DeKalb County v. United Family Life Ins. Co., 235 Ga. 417, 219 S.E.2d 707 (1975); DOT v. Doss, 238 Ga. 480, 233 S.E.2d 144 (1977); City of Atlanta v. Rosebush, 146 Ga. App. 99, 245 S.E.2d 440 (1978).
GA Code § 22-4-2 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 4 - Relocation Assistance and Land Acquisition for Those Displaced by Federal-Aid Projects|§ 22-4-2. Legislative Findings and Declaration of Necessity

 The General Assembly finds and declares that the prompt and equitable relocation and reestablishment of persons, businesses, farmers, and nonprofit organizations displaced when the state, any of its agencies or institutions (other than the Department of Transportation), or any county, municipal corporation, school district, political subdivision, public authority, public agency, public corporation, or public instrumentality, excluding electric membership corporations as defined in paragraph (3) of Code Section 46-3-171, (collectively referred to in this chapter as "several public entities") created under the Constitution and laws of the State of Georgia acquires land, with federal financial assistance, for a public use, are necessary to ensure that certain individuals do not suffer disproportionate injuries as a result of programs designed for the benefit of the public as a whole. The General Assembly finds and declares that the establishment of uniform fair land acquisition policies will be beneficial to the public. The General Assembly finds that the Congress of the United States has, by enacting the Uniform Act, made funds available for relocation assistance and the implementation of certain land acquisition policies. The General Assembly further finds that the Congress of the United States has by the aforesaid statute provided for the total cessation after July 1, 1972, of federal financial assistance for public works projects which will displace persons or businesses unless the state complies with the requirements of the Uniform Act. The General Assembly finds and declares that the construction of public works projects with federal financial assistance is vital to the state and is in the best interest of the people of the state and that providing for the continuation of federal financial assistance at the highest possible level for public works projects is a legitimate public purpose. The General Assembly further finds that the cost of providing the assistance and services provided for in this chapter should be, and the same are declared to be, part of the necessary cost of federal-aid public works projects.   (Ga. L. 1973, p. 512, § 2; Ga. L. 1989, p. 213, § 2; Ga. L. 1990, p. 8, § 22.)   Cross references.   - Federal financial aid for rehabilitation and redevelopment of blighted areas, § 8-4-10.   JUDICIAL DECISIONS    This chapter does not create additional elements compensable under eminent domain laws, but provides supplemental assistance for particular losses incurred by reason of dislocation. DeKalb County v. United Family Life Ins. Co., 235 Ga. 417, 219 S.E.2d 707 (1975).
GA Code § 22-4-3 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 4 - Relocation Assistance and Land Acquisition for Those Displaced by Federal-Aid Projects|§ 22-4-3. Applicability of Code Section 22-1-1 to Chapter

 The definitions contained in paragraphs (6) and (8) of Code Section 22-1-1 shall not apply to this chapter.    (Code 1981, §22-4-3, Ga. L. 2006, p. 39, § 17/HB 1313.)   Editor's notes.   - This Code section was created as part of the Code revision and was thus enacted by Ga. L. 1981, Ex. Sess., p. 8.   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 apply to those condemnation proceedings filed on or after February 9, 2006, where title has not vested in the condemning authority unless constitutionally prohibited.   Law reviews.   - For article on 2006 amendment of this Code section, see 23 Ga. St. U.L. Rev. 157 (2006).
GA Code § 22-4-4 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 4 - Relocation Assistance and Land Acquisition for Those Displaced by Federal-Aid Projects|§ 22-4-4. Payments by Public Entities for Relocation and Replacement Housing Expenses

 The several public entities are authorized to and shall make or approve the payments required by Section 210 of the Uniform Act for the relocation expenses and replacement housing expenses of any person, family, business, farm operation, or nonprofit organization displaced by federal-aid projects in the state, the costs of which are now or hereafter financed in whole or in part from federal funds allocated to any of the several public entities.   (Ga. L. 1973, p. 512, § 3; Ga. L. 1989, p. 213, § 3.)
GA Code § 22-4-5 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 4 - Relocation Assistance and Land Acquisition for Those Displaced by Federal-Aid Projects|§ 22-4-5. Providing of Relocation Assistance Advisory Services by Public Entities

 The several public entities are authorized to and shall provide the relocation assistance advisory services required by Section 205 of the Uniform Act for any person, family, business, farm operation, or nonprofit organization displaced by federal-aid projects in the state, the costs of which are now or hereafter financed in whole or in part from federal funds allocated to any of the several public entities.   (Ga. L. 1973, p. 512, § 4; Ga. L. 1989, p. 213, § 4.)
GA Code § 22-4-6 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 4 - Relocation Assistance and Land Acquisition for Those Displaced by Federal-Aid Projects|§ 22-4-6. Payments by Public Entities for Expenses Incidental to Property Transfer, for Mortgage Penalties, and for Property Taxes

 The several public entities are authorized to and shall make or approve the payments required by Section 305(2) of the Uniform Act for expenses incidental to the transfer of real property acquired by any of the several public entities, for prepayment of mortgage penalties, and for a pro rata portion of real property taxes on real property acquired by any of the several public entities from any person, family, business, farm operation, or nonprofit organization displaced by federal-aid projects in the state, the costs of which are now or hereafter financed in whole or in part from federal funds allocated to any of the several public entities.   (Ga. L. 1973, p. 512, § 5; Ga. L. 1989, p. 213, § 5.)   RESEARCH REFERENCES   ALR.   - Compensation for interest prepayment penalty in eminent domain proceedings, 84 A.L.R.3d 946.
GA Code § 22-4-7 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 4 - Relocation Assistance and Land Acquisition for Those Displaced by Federal-Aid Projects|§ 22-4-7. Payments by Public Entities for Litigation Expenses in Condemnation Proceedings

 The several public entities are authorized to and shall make or approve the payments required by Section 305(2) of the Uniform Act for litigation expenses actually incurred by any person, family, business, farm operation, or nonprofit organization which is a condemnee in any condemnation proceeding brought by an acquiring public entity to acquire real property for a federal-aid project, the cost of which is now or hereafter financed in whole or in part from federal funds allocated to an acquiring public entity, if the final judgment is that the acquiring public entity cannot acquire the real property by condemnation or the condemnation proceeding is formally abandoned by the acquiring public entity.   (Ga. L. 1973, p. 512, § 6; Ga. L. 1989, p. 213, § 6.)
GA Code § 22-4-8 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 4 - Relocation Assistance and Land Acquisition for Those Displaced by Federal-Aid Projects|§ 22-4-8. Payments by Public Entities for Litigation Expenses in Inverse Condemnation Proceedings

 The several public entities are authorized to and shall make or approve the payments required by Section 305(2) of the Uniform Act for litigation expenses actually incurred by any person, family, business, farm operation, or nonprofit organization which is the plaintiff in any inverse condemnation proceeding brought against an acquiring public entity in which judgment is rendered in favor of the plaintiff for real property taken by the acquiring public entity in its execution of any federal-aid project, the costs of which are now or hereafter financed in whole or in part from federal funds allocated to the acquiring public entity.   (Ga. L. 1973, p. 512, § 7; Ga. L. 1989, p. 213, § 7.)   Law reviews.   - For survey article on recent developments in Georgia law of remedies, see 34 Mercer L. Rev. 397 (1982).   JUDICIAL DECISIONS   No right of action for expenses against city.    - When condemnation was for purpose of acquiring land necessary for transit authority, fact that city institutes eminent domain proceedings in and of itself gives no right of action for expenses against the city under O.C.G.A. § 22-4-8. When the city is the legal condemnor, the transit authority, not the city, is the acquiring public entity for purposes of § 22-4-8. West v. Mayor of Atlanta, 248 Ga. 844, 286 S.E.2d 299 (1982).   Prerequisite to right to compensation.    - Plaintiffs could not seek compensation under O.C.G.A. § 22-4-8 when the plaintiffs did not prevail in their inverse condemnation action. Benton v. Savannah Airport Comm'n, 241 Ga. App. 536, 525 S.E.2d 383 (1999).
GA Code § 22-4-9 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 4 - Relocation Assistance and Land Acquisition for Those Displaced by Federal-Aid Projects|§ 22-4-9. Policies Guiding Acquisition of Real Property for Federal-Aid Projects

 In acquiring real property for any federal-aid project, the costs of which are financed in whole or in part from federal funds allocated to an acquiring public entity, such public entity shall be guided by the land acquisition policies required by Section 301 of the Uniform Act to the greatest extent practicable.   (Ga. L. 1973, p. 512, § 8; Ga. L. 1989, p. 213, § 8.)
GA Code § 22-4-10 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 4 - Relocation Assistance and Land Acquisition for Those Displaced by Federal-Aid Projects|§ 22-4-10. Policies Guiding Acquisition of Buildings, Structures, and Other Improvements for Federal-Aid Projects

 In acquiring property for any federal-aid project, the costs of which are financed in whole or in part from federal funds allocated to an acquiring public entity, the acquiring public entity shall be guided by the land acquisition policies relating to buildings, structures, and other improvements specified by Section (302) of the Uniform Act to the greatest extent practicable.   (Ga. L. 1973, p. 512, § 9; Ga. L. 1989, p. 213, § 9; Ga. L. 1990, p. 8, § 22.)
GA Code § 22-4-11 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 4 - Relocation Assistance and Land Acquisition for Those Displaced by Federal-Aid Projects|§ 22-4-11. Adoption of Rules; Appeal and Review

  The several public entities are authorized to make such rules as may be necessary to provide for the administration of the financial assistance authorized by this chapter.   The determination by the several public entities of the amount of any payment and to whom it shall be paid may be appealed and judicially reviewed in the manner prescribed by Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."    (Ga. L. 1973, p. 512, § 11.)