GA Code § 22-2-110 (2021)
2021 Georgia Code|Title 22 - Eminent Domain|Chapter 2 - Condemnation Procedure Generally|Article 2 - Proceeding Before Special Master|§ 22-2-110. Award of Special Master and Special Master Panel; Time of Filing; Award to Become Part of Record of Proceedings; Vesting of Title in Condemnor Upon Deposit of Award Into Court; Form of Award; Use in Subsequent Appeal

  The award of the special master or the special master panel, in the event such a panel exists, shall be served in a manner consistent with Code Section 9-11-5 upon all the parties and filed with the clerk of the superior court of the county where the property or interest is situated within three days after the date on which such hearing is completed. The special master or the special master panel shall mail the award to the condemnor and any condemnees on the date of filing of the award and provide a certificate of service evidencing the mailing of such award.   The award shall become a part of the record of the proceedings in said matter and shall condemn and vest title to the property or other interest in the condemning body upon the deposit by that body of the amount of the award into the registry of the court, subject to the demand of such condemnee or condemnees, according to their respective interests.    (c) The award shall be in the following form:   "AWARD   The special master appointed and chosen by the court to hear evidence and give full consideration to all matters touching upon the value of the property or interest sought to be condemned, as shown by the description of the property or interest in the case of ________ (condemning body) versus ________ (acres of land or other described interest in said land) and ________ (condemnee), Civil action file no.____ in superior court, having first taken the oath as required by law of the special master, the same having been filed with the clerk of the Superior Court of ________ County, and the special master panel, in the event such a panel exists, having heard evidence under oath and given consideration to the value of such property or interest on the ______ day of ________, at ____:____ _.M., as provided for in the order of the court, do decide and recommend to the court as follows: (1) I/We find and award to ________, condemnee, the sum of $______, as the actual market value of the property or interest sought to be condemned; (2) I/We find consequential damages to the remaining property or interest in the amount of $______; (3) I/We find consequential benefits to the remaining property or interest in the amount of $______ (never to exceed the amount of the consequential damages); (4) I/We find and award to ________, condemnee, the sum of $______, as the value of any associated moving costs; (5) Balancing the consequential benefits against the consequential damages, I/we find and award to the condemnee in this case in the total sum of $______, and I/we respectfully recommend to the court that the said property or interest be condemned by a judgment in rem to the use of the condemnor upon the payment of the last stated sum into the registry of the court, subject to the demands of the condemnee. This ______ day of ________, ____. __________________ Special Master __________________ Assessor __________________ Assessor"   In any case where there is an appeal from the award of the special master or the special master panel, in the event such a panel exists, to a jury in the superior court, such award shall not be competent evidence. Any such appeal shall be a de novo investigation, and such award shall be detached from the papers in the case before the same are delivered to the jury.   (Ga. L. 1957, p. 387, § 12; Ga. L. 1984, p. 682, § 3; Ga. L. 1998, p. 1539, § 5; Ga. L. 2006, p. 39, § 12/HB 1313; Ga. L. 2016, p. 864, § 22/HB 737.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1998, in the undesignated language in the form in subsection (c), "evidence and" was substituted for "evidence,", "and" was deleted following "in superior court," and a comma was added following "Superior Court of ________ County".   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 amendment of this Code section, see 23 Ga. St. U.L. Rev. 157 (2006). For survey article on zoning and land use law, see 59 Mercer L. Rev. 493 (2007). For survey article on zoning and land use law, see 60 Mercer L. Rev. 457 (2008).   JUDICIAL DECISIONS   Adequate method for determining compensation.    - The General Assembly, by enacting Ga. L. 1957, p. 387, §§ 5, 11, and 14 (see O.C.G.A. §§ 22-2-102,22-2-108, and22-2-112), has provided an adequate method for determining the just and adequate compensation of property sought to be condemned under Ga. L. 1957, p. 387, § 12 (see O.C.G.A. § 22-2-110) of the act in no wise limits the master to an arbitrary finding. Kellett v. Fulton County, 215 Ga. 551, 111 S.E.2d 364 (1959).    This section provides notice as a matter of law to all of the parties and their counsel that the award will be filed within the required time and that an attempt to appeal the matter to a jury in the superior court coming more than 10 days after its filing, as provided by § 22-2-112, comes too late. Wilson v. City of Waycross, 130 Ga. App. 253, 203 S.E.2d 301 (1973).   Time of filing award.    - Condemnation proceeding was not voided and nullified by the fact that special master's award was not filed with clerk of court within three days after date of hearing since the requirement of speedy disposition to protect the property owner is directory rather than jurisdictional. Savage v. Thomaston-Upson County Office Bldg. Auth., 205 Ga. App. 634, 422 S.E.2d 896, cert. denied, 205 Ga. App. 901, 422 S.E.2d 896 (1992).    There is no provision in O.C.G.A. § 22-2-110 which tolls the filing period for an appeal in the event that the special master fails to file the awards within three days of the hearing. Garner v. Georgia Transmission Corp., 235 Ga. App. 889, 510 S.E.2d 624 (1999).   Date of taking.    - It was error to hold that the date of taking property to acquire an easement for electrical transmission and distribution lines was the date of filing of the original condemnation petition; because the property was not being condemned for public street and road purposes, the date of taking was not governed by O.C.G.A. § 22-2-109, but by O.C.G.A. §§ 22-2-110 and22-2-111, and thus the date of taking was when the amount provided in the award was paid into the trial court's registry. Orr v. Ga. Transmission Corp., 281 Ga. 754, 642 S.E.2d 809 (2007).   No property taken until payment of award.    - No property is taken under the special master procedure until the payment of the award into the registry of the court is made. Arnold v. State Hwy. Dep't, 116 Ga. App. 201, 156 S.E.2d 469 (1967).    In a special master proceeding under Ga. L. 1957, p. 387, §§ 10 and 12 (see O.C.G.A. §§ 22-2-107 and22-2-110), the taking is complete upon the award of the special master and payment into court of the amount determined. Roberts v. Wise, 140 Ga. App. 1, 230 S.E.2d 320 (1976).   Payment of award not condition precedent to condemnor's appeal.    - A condemnor is not required to pay the award of the special master into the registry of the court within ten days after the filing of the award, or at the time of, or prior to the filing of the appeal as a condition precedent to its right of appeal. Arnold v. State Hwy. Dep't, 116 Ga. App. 201, 156 S.E.2d 469 (1967).   Title vests upon entry of condemnation judgment.    - Because title to an owner's property vested in a city upon the entry of a condemnation judgment and the payment of the award to the owner in accordance with O.C.G.A. §§ 22-2-110(b) and22-2-111, the city was without authority to unilaterally dismiss the condemnation action and demand return of the previously paid award. Gramm v. City of Stockbridge, 297 Ga. App. 165, 676 S.E.2d 818 (2009).    Non-value issues are not subject to de novo review under subsection (d) of O.C.G.A. § 22-2-110 upon filing an appeal to a jury. Styers v. Atlanta Gas Light Co., 263 Ga. 856, 439 S.E.2d 640 (1994).    On appeal from a special master's award, the court was not required to conduct an evidentiary hearing on non-value issues because that would allow new evidence which was not before the special master or a repetition of evidence which should have been preserved by transcript. Simmons v. Webster County, 225 Ga. App. 830, 485 S.E.2d 501 (1997), cert. denied, 522 U.S. 1110, 118 S. Ct. 1041, 140 L. Ed. 2d 106 (1998).   Testimony of special master.    - While there is nothing in the statute barring a special master from testifying, obviously the admission of the master's testimony must be governed by the applicable rules of evidence. Garner v. Gwinnett County, 105 Ga. App. 714, 125 S.E.2d 563 (1962).    Interest under the special master proceeding is calculated from the date of the award, i.e., the time of the "taking." Metropolitan Atlanta Rapid Transit Auth. v. Central Parking Sys., 167 Ga. App. 649, 307 S.E.2d 93 (1983).   Denial of motion to dismiss held not appealable.    - A denial of a motion to dismiss condemnation proceedings on the ground that their initiation was beyond the power of the condemning authority may not be appealed when the case is still pending and no certificate of immediate review was obtained from the trial judge. Norton Realty & Loan Co. v. Board of Educ., 123 Ga. App. 620, 182 S.E.2d 185 (1971).    Cited in Georgia Power Co. v. Bray, 232 Ga. 558, 207 S.E.2d 442 (1974); City of Savannah Beach v. Thompson, 135 Ga. App. 63, 217 S.E.2d 304 (1975); Sweat v. Georgia Power Co., 235 Ga. 281, 219 S.E.2d 384 (1975); Metropolitan Atlanta Rapid Transit Auth. v. Central Parking Sys., 167 Ga. App. 649, 307 S.E.2d 93 (1983); Wrege v. Cobb County, 186 Ga. App. 512, 367 S.E.2d 817 (1988); Langley Land Co. v. Monroe County, 738 F. Supp. 1571 (M.D. Ga. 1990); Banks v. Georgia Power Co., 220 Ga. App. 84, 469 S.E.2d 218 (1996); Threatt v. Forsyth County, 250 Ga. App. 838, 552 S.E.2d 123 (2001).   OPINIONS OF THE ATTORNEY GENERAL   Appeal costs.    - Appellants contesting the award of a special master need not pay the advance court cost deposit set forth in O.C.G.A. §§ 9-15-4 and15-6-77 if the appellants have properly paid the required costs for filing the initial condemnation petition. 1985 Op. Att'y Gen. No. U85-17.   RESEARCH REFERENCES   C.J.S.   - 29A C.J.S., Eminent Domain, § 389 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.   Referee's failure to file report within time specified by statute, court order, or stipulation as terminating reference, 71 A.L.R.4th 889.