reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 5 - GEORGIA GOVERNMENT TRANSPARENCY AND CAMPAIGN FINANCE (§§ 21-5-1 — 21-5-76) › Article 2A - CONTRIBUTIONS TO CANDIDATES FOR PUBLIC OFFICE (§§ 21-5-40 — 21-5-45) › Section 21-5-40 - Definitions

As used in this article, the term:
(1)
"Affiliated committees" means any two or more political committees (including a separate segregated fund) established, financed, maintained, or controlled by the same business entity, labor organization, person, or group of persons, including any parent, subsidiary, branch, division, department, or local unit thereof.
(2)
"Affiliated corporation" means with respect to any business entity any other business entity related thereto: as a parent business entity; as a subsidiary business entity; as a sister business entity; by common ownership or control; or by control of one business entity by the other.
(3)
"Business entity" shall have the same meaning as provided in Code Section
21-5-3
.
(4)
Reserved.
(5)
"Person" means an individual.
(6)
"Political committee" means:
(A)
any partnership, committee, club, association, organization, party caucus of the House of Representatives or the Senate, or similar entity (other than a business entity) or any other group of persons or entities which makes a contribution; or
(B)
any separate segregated fund.
(6.1)
"Political party" means any political party as that term is defined in paragraph (25) of Code Section
21-2-2
, as amended; provided, however, that for purposes of this article, local, state, and national committees shall be separate political parties.
(6.2)
"Public office" means the office of each elected public officer as specified in paragraph (22) of Code Section
21-5-3
.
(7)
"Separate segregated fund" means a fund which is established, administered, and used for political purposes by a business entity, labor organization, membership organization, or cooperative and to which the business entity, labor organization, membership organization, or cooperative solicits contributions.
Amended by 2010 Ga. Laws 680,§ 14, eff. 1/10/2011.
Amended by 2005 Ga. Laws 212,§ 15, eff. 1/9/2006.
Amended by 2001 Ga. Laws 3, § 1, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 5 - GEORGIA GOVERNMENT TRANSPARENCY AND CAMPAIGN FINANCE (§§ 21-5-1 — 21-5-76) › Article 2A - CONTRIBUTIONS TO CANDIDATES FOR PUBLIC OFFICE (§§ 21-5-40 — 21-5-45) › Section 21-5-42 - Contribution to campaign committee deemed contribution to candidate; rules for construction

For purposes of this article, a contribution to a campaign committee of a candidate for any public office shall be deemed to be a contribution to such candidate. If during any calendar year there occur both a special election including a special primary, special primary runoff, and special election runoff as appropriate and a general election for the same public office and if the same person is a candidate for nomination or election at both such special election including a special primary, special primary runoff, and special election runoff as appropriate and such general election, then this Code section shall apply. Where this Code section applies, a person, corporation, political committee, or political party may contribute up to the maximum amount otherwise allowable under this article to such person or such person's campaign committee for the purpose of influencing such candidate's nomination or election at the special primary, special primary runoff, special election, or special election runoff; and the same person, corporation, political committee, or political party may contribute up to the maximum amount otherwise allowable under this article for the purpose of influencing such candidate's election at the general election or general election runoff. This Code section shall be construed according to the following rules:
(1)
It is the general intent of this Code section to allow a person who is a candidate for election at both a special election and a general election in the same calendar year to receive up to but no more than twice the amount of contributions which could otherwise be received from any one donor during the year; and
(2)
Seeking nomination at a special primary or general primary shall be considered as seeking election at the ensuing special election or general election for the purpose of determining whether a person is a candidate for election at both the special election and the general election and allowing the application of this Code section; but seeking election at only a single primary and its ensuing election shall not bring this Code section into effect.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 5 - GEORGIA GOVERNMENT TRANSPARENCY AND CAMPAIGN FINANCE (§§ 21-5-1 — 21-5-76) › Article 3 - FINANCIAL DISCLOSURE STATEMENTS (§§ 21-5-50 — 21-5-53) › Section 21-5-51 - Inspection and copying of financial disclosure statements

Financial disclosure statements filed pursuant to this article shall be public records and shall be subject to inspection and copying by any member of the public as provided by law for other public records.
Amended by 2010 Ga. Laws 680,§ 17, eff. 1/10/2011.
Amended by 2009 Ga. Laws 109,§ 6, eff. 5/4/2009.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 5 - GEORGIA GOVERNMENT TRANSPARENCY AND CAMPAIGN FINANCE (§§ 21-5-1 — 21-5-76) › Article 3 - FINANCIAL DISCLOSURE STATEMENTS (§§ 21-5-50 — 21-5-53) › Section 21-5-52 - [Repealed] Filing by mail

Repealed by 2010 Ga. Laws 680,§ 18, eff. 1/10/2011.
Amended by 2009 Ga. Laws 109,§ 6, eff. 5/4/2009.
Amended by 2005 Ga. Laws 212,§ 19, eff. 1/9/2006.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 5 - GEORGIA GOVERNMENT TRANSPARENCY AND CAMPAIGN FINANCE (§§ 21-5-1 — 21-5-76) › Article 3 - FINANCIAL DISCLOSURE STATEMENTS (§§ 21-5-50 — 21-5-53) › Section 21-5-53 - [Repealed] Public record

Repealed by 2010 Ga. Laws 680,§ 19, eff. 1/10/2011.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 5 - GEORGIA GOVERNMENT TRANSPARENCY AND CAMPAIGN FINANCE (§§ 21-5-1 — 21-5-76) › Article 4 - PUBLIC OFFICIALS CONDUCT AND LOBBYIST DISCLOSURE (§§ 21-5-70 — 21-5-76) › Section 21-5-72 - Denial, suspension, or revocation of registration; reinstatement

(a)
In addition to other penalties provided in this article, the commission may by order deny, suspend, or revoke for a period not to exceed one year the registration of a lobbyist if it finds that the lobbyist:
(1)
Has filed an application for registration with the commission which was incomplete in a material respect or contained a statement that was, in light of the circumstances under which it was made, false or misleading with respect to a material fact;
(2)
Has willfully violated or willfully failed to comply with this article or a rule promulgated by the commission under this article;
(3)
Has failed to comply with the reporting requirements of this article; or
(4)
Has engaged in lobbying practices in violation of this article.
(b)
Application may be made to the commission for reinstatement. Such reinstatement shall be conducted in the same manner as required for an initial registration under this article and shall be conditioned upon payment of the same registration fees applicable to an initial registration and also any outstanding penalty fees.
(c)
Any person failing to comply with or violating any of the provisions of this article shall be subject to a civil penalty not to exceed $2,000.00 per violation.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 5 - GEORGIA GOVERNMENT TRANSPARENCY AND CAMPAIGN FINANCE (§§ 21-5-1 — 21-5-76) › Article 4 - PUBLIC OFFICIALS CONDUCT AND LOBBYIST DISCLOSURE (§§ 21-5-70 — 21-5-76) › Section 21-5-72.1 - Regulation of certain contact between lobbyists and members of the General Assembly; making or acceptance of certain expenditures

(a)
No person who is required by the law of this state to register as a lobbyist shall meet at the state capitol, Coverdell Legislative Office Building, or other state government facility with any member of the General Assembly to discuss the promotion or opposition of the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the override of a veto unless such person either is wearing his or her valid official registered lobbyist badge or is a resident of the House or Senate district which such member represents.
(b)
(1)
No person who is registered as a lobbyist under Code Section
21-5-71
shall make any expenditure.
(2)
No public officer shall with actual knowledge accept any expenditure from a person who is registered as a lobbyist under Code Section
21-5-71
.
Added by 2013 Ga. Laws 134,§ 6, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 5 - GEORGIA GOVERNMENT TRANSPARENCY AND CAMPAIGN FINANCE (§§ 21-5-1 — 21-5-76) › Article 4 - PUBLIC OFFICIALS CONDUCT AND LOBBYIST DISCLOSURE (§§ 21-5-70 — 21-5-76) › Section 21-5-74 - Postemployment restrictions on lobbyists

A lobbyist shall not be eligible for executive appointment to any board, authority, commission, or bureau created and established by the laws of this state which regulates the activities of a business, firm, corporation, or agency that the lobbyist represented until one year after the expiration of the lobbyist's registration for that business, firm, corporation, or agency.
Added by 2005 Ga. Laws 212,§ 23, eff. 1/9/2006.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 5 - GEORGIA GOVERNMENT TRANSPARENCY AND CAMPAIGN FINANCE (§§ 21-5-1 — 21-5-76) › Article 4 - PUBLIC OFFICIALS CONDUCT AND LOBBYIST DISCLOSURE (§§ 21-5-70 — 21-5-76) › Section 21-5-75 - Postemployment restrictions on public officers

(a)
Except as provided in subsection (b) of this Code section, on and after January 8, 2007, persons identified in subparagraphs (A) through (D) of paragraph (22) of Code Section
21-5-3
and the executive director of each state board, commission, or authority shall be prohibited from registering as a lobbyist or engaging in lobbying under this article for a period of one year after terminating such employment or leaving such office.
(b)
The lobbying prohibition contained in subsection (a) of this Code section shall not apply to persons who terminate such employment or leave such office but who remain employed in state government.
Added by 2005 Ga. Laws 212,§ 23, eff. 1/9/2006.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 5 - GEORGIA GOVERNMENT TRANSPARENCY AND CAMPAIGN FINANCE (§§ 21-5-1 — 21-5-76) › Article 4 - PUBLIC OFFICIALS CONDUCT AND LOBBYIST DISCLOSURE (§§ 21-5-70 — 21-5-76) › Section 21-5-76 - Contingent fees for lobbying prohibited; unauthorized persons on the floor while the General Assembly is in session

(a)
No person, firm, corporation, or association shall retain or employ a lobbyist for compensation contingent, in whole or in part, upon the passage or defeat of any legislative measure, upon the adoption or decision not to adopt any state agency rule or regulation, or upon the granting or awarding of any state contract. No lobbyist shall be employed for compensation contingent, in whole or in part, upon the passage or defeat of any legislation, upon the adoption or decision not to adopt any state agency rule or regulation, or upon the granting or awarding of any state contract.
(b)
It shall be unlawful for any person registered pursuant to the requirements of this article or for any other person, except as authorized by the rules of the House of Representatives or Senate, to be on the floor of either chamber of the General Assembly while the same is in session.
Amended by 2010 Ga. Laws 680,§ 23, eff. 1/10/2011.
Added by 2005 Ga. Laws 212,§ 23, eff. 1/9/2006.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 1 - GENERAL PROVISIONS (§§ 22-1-1 — 22-1-15) › Section 22-1-3 - Power of General Assembly to determine when right of eminent domain may be exercised; duty of courts as to laws authorizing the condemnation of private property for private uses

It is the province of the General Assembly to determine when the right of eminent domain may be exercised. If, however, under pretext of such necessity the General Assembly should pass a law authorizing the taking of property for private use rather than for public use, the courts should declare the law inoperative.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 1 - GENERAL PROVISIONS (§§ 22-1-1 — 22-1-15) › Section 22-1-4 - Manner in which General Assembly may exercise right of eminent domain

The General Assembly may exercise the right of eminent domain directly through the officers of the state, through the medium of corporate bodies, or by means of individual enterprise.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 1 - GENERAL PROVISIONS (§§ 22-1-1 — 22-1-15) › Section 22-1-5 - Requirement of just compensation as a limitation on exercise of power of eminent domain

Except in cases of extreme necessity and great urgency, the right of eminent domain cannot be exercised without first providing for just compensation to the owner for the interference with his exclusive rights.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 1 - GENERAL PROVISIONS (§§ 22-1-1 — 22-1-15) › Section 22-1-6 - Right of persons to take or damage private property upon payment of just and adequate compensation

If a person who is authorized to exercise the power of eminent domain cannot by contract procure the property or the easement, right of way, waterway, franchise, or other interest sought to be condemned, the person may take or damage the property or interest upon paying or tendering to the owner thereof just and adequate compensation.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 1 - GENERAL PROVISIONS (§§ 22-1-1 — 22-1-15) › Section 22-1-7 - Effect of failure to agree on compensation

If the parties cannot agree upon the compensation to be paid, the same shall be assessed and determined as provided in Article 1 of Chapter 2 of this title.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 1 - GENERAL PROVISIONS (§§ 22-1-1 — 22-1-15) › Section 22-1-8 - Exclusive nature of title

All persons authorized to take or damage private property for public purposes shall proceed as set forth in this title.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 1 - GENERAL PROVISIONS (§§ 22-1-1 — 22-1-15) › Section 22-1-10.1 - Time for bringing condemnation action; exceptions

(a)
Except as provided in subsections (b) and (c) of this Code section, no action for condemnation may be brought in any court of this state until at least 30 days after the date of the resolution or documented approval described in Code Section
22-1-10
.
(b)
If an emergency condition exists requiring the acquisition of property for the protection of the public health and safety, the condemnor may declare the existence of an emergency and adopt a resolution defining the emergency. Notice and hearing as required by Code Section
22-1-10
may be waived by the condemning body in an emergency condition.
(c)
This Code section shall not apply to the acquisition or condemnation of property where consent is received from each person with a legal claim that has been identified or found.
Added by 2006 Ga. Laws 444,§ 5, eff. 4/4/2006.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 1 - GENERAL PROVISIONS (§§ 22-1-1 — 22-1-15) › Section 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.
Added by 2006 Ga. Laws 444,§ 5, eff. 4/4/2006.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 1 - GENERAL PROVISIONS (§§ 22-1-1 — 22-1-15) › Section 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:
(1)
The final judgment is that the condemning authority cannot acquire the real property by condemnation; or
(2)
The proceeding is abandoned by the condemning authority.
Added by 2006 Ga. Laws 444,§ 5, eff. 4/4/2006.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 1 - GENERAL PROVISIONS (§§ 22-1-1 — 22-1-15) › Section 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:
(1)
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;
(2)
Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation;
(3)
Such other relocation expenses as authorized by law; and
(4)
With the consent of the condemnee, the condemnor may provide alternative site property as full or partial compensation.
Added by 2006 Ga. Laws 444,§ 5, eff. 4/4/2006.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 1 - GENERAL PROVISIONS (§§ 22-1-1 — 22-1-15) › Section 22-1-14 - Valuation of condemned property

(a)
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.
(b)
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.
Amended by 2011 Ga. Laws 52,§; 38, eff. 1/1/2013.
Added by 2006 Ga. Laws 444,§; 5, eff. 4/4/2006.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 2 - CONDEMNATION PROCEDURE GENERALLY (§§ 22-2-1 — 22-2-142) › Article 1 - PROCEEDING BEFORE ASSESSORS (§§ 22-2-1 — 22-2-86) › Part 1 - GENERAL PROVISIONS (§ 22-2-1) › Section 22-2-1 - "Condemnor" defined

As used in this article, the term "condemnor" means any person or corporation which has been authorized by the General Assembly to exercise the power of eminent domain.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 2 - CONDEMNATION PROCEDURE GENERALLY (§§ 22-2-1 — 22-2-142) › Article 1 - PROCEEDING BEFORE ASSESSORS (§§ 22-2-1 — 22-2-86) › Part 2 - NOTICE OF CONDEMNATION (§§ 22-2-20 — 22-2-26) › Section 22-2-20 - Persons entitled to receive notice generally

Any person seeking to condemn property for public purposes shall serve a notice of condemnation on the owner of the property or of any remainder, reversion, mortgage, lease, security deed, or other interest therein.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 2 - CONDEMNATION PROCEDURE GENERALLY (§§ 22-2-1 — 22-2-142) › Article 1 - PROCEEDING BEFORE ASSESSORS (§§ 22-2-1 — 22-2-86) › Part 2 - NOTICE OF CONDEMNATION (§§ 22-2-20 — 22-2-26) › Section 22-2-21 - Direction of notice where owner a minor or under disability; appointment of guardian ad litem

(a)
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.
(b)
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.
(c)
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.
Amended by 2004 Ga. Laws 460, § 4.1, eff. 7/1/2005
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 2 - CONDEMNATION PROCEDURE GENERALLY (§§ 22-2-1 — 22-2-142) › Article 1 - PROCEEDING BEFORE ASSESSORS (§§ 22-2-1 — 22-2-86) › Part 2 - NOTICE OF CONDEMNATION (§§ 22-2-20 — 22-2-26) › Section 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.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 2 - CONDEMNATION PROCEDURE GENERALLY (§§ 22-2-1 — 22-2-142) › Article 1 - PROCEEDING BEFORE ASSESSORS (§§ 22-2-1 — 22-2-86) › Part 2 - NOTICE OF CONDEMNATION (§§ 22-2-20 — 22-2-26) › Section 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
.
Amended by 2004 Ga. Laws 460, § 4.2, eff. 7/1/2005
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 2 - CONDEMNATION PROCEDURE GENERALLY (§§ 22-2-1 — 22-2-142) › Article 1 - PROCEEDING BEFORE ASSESSORS (§§ 22-2-1 — 22-2-86) › Part 2 - NOTICE OF CONDEMNATION (§§ 22-2-20 — 22-2-26) › Section 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.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 2 - CONDEMNATION PROCEDURE GENERALLY (§§ 22-2-1 — 22-2-142) › Article 1 - PROCEEDING BEFORE ASSESSORS (§§ 22-2-1 — 22-2-86) › Part 2 - NOTICE OF CONDEMNATION (§§ 22-2-20 — 22-2-26) › Section 22-2-25 - Manner and time of service

(a)
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:
(1)
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;
(2)
By leaving a copy of the notice at the residence of the owner, representative, or other person entitled to service; or
(3)
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.
(b)
In cases where service cannot be effected by leaving notice at place of residence or by personal service:
(1)
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
(2)
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.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 2 - CONDEMNATION PROCEDURE GENERALLY (§§ 22-2-1 — 22-2-142) › Article 1 - PROCEEDING BEFORE ASSESSORS (§§ 22-2-1 — 22-2-86) › Part 2 - NOTICE OF CONDEMNATION (§§ 22-2-20 — 22-2-26) › Section 22-2-26 - Contents of notice

(a)
All notices shall be directed to the owner of the property or of any interest therein and shall:
(1)
Describe the property or franchise and the amount of interest therein sought to be condemned;
(2)
Fix the time when the hearing will be had on the premises;
(3)
Give the name of the assessor selected by the person seeking condemnation; and
(4)
Request the owner or owners, the trustee, or the representative, as the case may be, to select an assessor.
(b)
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)."
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 2 - CONDEMNATION PROCEDURE GENERALLY (§§ 22-2-1 — 22-2-142) › Article 1 - PROCEEDING BEFORE ASSESSORS (§§ 22-2-1 — 22-2-86) › Part 3 - SELECTION AND OATH OF ASSESSORS (§§ 22-2-40 — 22-2-43) › Section 22-2-40 - Selection of assessors generally; authority

(a)
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.
(b)
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.
(c)
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.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 2 - CONDEMNATION PROCEDURE GENERALLY (§§ 22-2-1 — 22-2-142) › Article 1 - PROCEEDING BEFORE ASSESSORS (§§ 22-2-1 — 22-2-86) › Part 3 - SELECTION AND OATH OF ASSESSORS (§§ 22-2-40 — 22-2-43) › Section 22-2-41 - Selection of assessor by judge of the probate court; selection of assessor; rights of owners in selecting assessor

(a)
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.
(b)
All persons having any interest in the property sought to be condemned shall have equal rights in the selection of an assessor.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 2 - CONDEMNATION PROCEDURE GENERALLY (§§ 22-2-1 — 22-2-142) › Article 1 - PROCEEDING BEFORE ASSESSORS (§§ 22-2-1 — 22-2-86) › Part 3 - SELECTION AND OATH OF ASSESSORS (§§ 22-2-40 — 22-2-43) › Section 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.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 2 - CONDEMNATION PROCEDURE GENERALLY (§§ 22-2-1 — 22-2-142) › Article 1 - PROCEEDING BEFORE ASSESSORS (§§ 22-2-1 — 22-2-86) › Part 3 - SELECTION AND OATH OF ASSESSORS (§§ 22-2-40 — 22-2-43) › Section 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."
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 2 - CONDEMNATION PROCEDURE GENERALLY (§§ 22-2-1 — 22-2-142) › Article 1 - PROCEEDING BEFORE ASSESSORS (§§ 22-2-1 — 22-2-86) › Part 4 - HEARING (§§ 22-2-60 — 22-2-65) › Section 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.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 2 - CONDEMNATION PROCEDURE GENERALLY (§§ 22-2-1 — 22-2-142) › Article 1 - PROCEEDING BEFORE ASSESSORS (§§ 22-2-1 — 22-2-86) › Part 4 - HEARING (§§ 22-2-60 — 22-2-65) › Section 22-2-61 - Power of assessors to subpoena and to compel attendance; right of parties to be represented

(a)
The assessors shall have the same power to issue subpoenas and compel the attendance of witnesses as is vested in the superior court.
(b)
Parties may be represented in person or by attorney before the assessors.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 2 - CONDEMNATION PROCEDURE GENERALLY (§§ 22-2-1 — 22-2-142) › Article 1 - PROCEEDING BEFORE ASSESSORS (§§ 22-2-1 — 22-2-86) › Part 4 - HEARING (§§ 22-2-60 — 22-2-65) › Section 22-2-62 - Evidence to be heard by assessors generally

(a)
The assessors shall hear all evidence offered by either party as to the value of the property or of any interest therein to be taken or used, the damages incurred by the owner of the property or of any interest therein, and the benefits to the owner accruing from the use of the property or interest by the condemnor.
(b)
Prospective and consequential damages resulting from the taking may be considered if such damages are plain and appreciable.
(c)
The increase of the value of the property or of any interest therein resulting from the proposed public improvement may be considered, but in no case shall such estimated increase deprive the owner of actual damages.
(d)
In the estimation of the value of the property or other interest taken for public uses, such valuation need not be restricted to the agricultural or productive qualities of the property or interest, but inquiry may be made as to all other legitimate purposes to which the property or interest could be appropriated.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 2 - CONDEMNATION PROCEDURE GENERALLY (§§ 22-2-1 — 22-2-142) › Article 1 - PROCEEDING BEFORE ASSESSORS (§§ 22-2-1 — 22-2-86) › Part 4 - HEARING (§§ 22-2-60 — 22-2-65) › Section 22-2-63 - Manner of assessment

The assessors, or a majority of them, shall assess the value of the property or interest taken or used, or the damage done, shall assess the consequential damages to the property or interests not taken, and shall deduct from such consequential damages the consequential benefits to be derived by the owner from the operation of the franchise by the condemnor or from the carrying on of the business of the condemnor, provided that the consequential benefits assessed shall in no case exceed the consequential damages assessed; provided, further, that nothing in this Code section shall be so construed as to deprive the owner of the actual value of his property or interest so taken or used.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 2 - CONDEMNATION PROCEDURE GENERALLY (§§ 22-2-1 — 22-2-142) › Article 1 - PROCEEDING BEFORE ASSESSORS (§§ 22-2-1 — 22-2-86) › Part 4 - HEARING (§§ 22-2-60 — 22-2-65) › Section 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.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 2 - CONDEMNATION PROCEDURE GENERALLY (§§ 22-2-1 — 22-2-142) › Article 1 - PROCEEDING BEFORE ASSESSORS (§§ 22-2-1 — 22-2-86) › Part 4 - HEARING (§§ 22-2-60 — 22-2-65) › Section 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.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 2 - CONDEMNATION PROCEDURE GENERALLY (§§ 22-2-1 — 22-2-142) › Article 1 - PROCEEDING BEFORE ASSESSORS (§§ 22-2-1 — 22-2-86) › Part 5 - APPEALS AND FINAL JUDGMENT (§§ 22-2-80 — 22-2-86) › Section 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.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 2 - CONDEMNATION PROCEDURE GENERALLY (§§ 22-2-1 — 22-2-142) › Article 1 - PROCEEDING BEFORE ASSESSORS (§§ 22-2-1 — 22-2-86) › Part 5 - APPEALS AND FINAL JUDGMENT (§§ 22-2-80 — 22-2-86) › Section 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.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 2 - CONDEMNATION PROCEDURE GENERALLY (§§ 22-2-1 — 22-2-142) › Article 1 - PROCEEDING BEFORE ASSESSORS (§§ 22-2-1 — 22-2-86) › Part 5 - APPEALS AND FINAL JUDGMENT (§§ 22-2-80 — 22-2-86) › Section 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.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 2 - CONDEMNATION PROCEDURE GENERALLY (§§ 22-2-1 — 22-2-142) › Article 1 - PROCEEDING BEFORE ASSESSORS (§§ 22-2-1 — 22-2-86) › Part 5 - APPEALS AND FINAL JUDGMENT (§§ 22-2-80 — 22-2-86) › Section 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.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 2 - CONDEMNATION PROCEDURE GENERALLY (§§ 22-2-1 — 22-2-142) › Article 1 - PROCEEDING BEFORE ASSESSORS (§§ 22-2-1 — 22-2-86) › Part 5 - APPEALS AND FINAL JUDGMENT (§§ 22-2-80 — 22-2-86) › Section 22-2-84 - Entry of notice and award on minutes of court; payment of costs

In all cases, the clerk shall enter the notice and award thereon upon the minutes of the court, and the condemnor shall pay:
(1)
The assessors' costs as provided in Code Section
22-2-40
; and
(2)
Other costs as provided by law in civil cases in the superior court.
The condemnee shall pay the assessors' costs as provided in Code Section
22-2-40
.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 2 - CONDEMNATION PROCEDURE GENERALLY (§§ 22-2-1 — 22-2-142) › Article 1 - PROCEEDING BEFORE ASSESSORS (§§ 22-2-1 — 22-2-86) › Part 5 - APPEALS AND FINAL JUDGMENT (§§ 22-2-80 — 22-2-86) › Section 22-2-84.1 - [Repealed] Appeals to superior court from assessor's award; reasonable expenses; liability of costs relating to issues of law

Repealed by 2006 Ga. Laws 444,§ 6, eff. 4/4/2006.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 2 - CONDEMNATION PROCEDURE GENERALLY (§§ 22-2-1 — 22-2-142) › Article 1 - PROCEEDING BEFORE ASSESSORS (§§ 22-2-1 — 22-2-86) › Part 5 - APPEALS AND FINAL JUDGMENT (§§ 22-2-80 — 22-2-86) › Section 22-2-85 - Extent of interest obtainable by condemnor upon condemnation

Upon the payment by the condemnor of the amount of the award, or the amount of the final judgment if there is an appeal, the condemnor shall become vested with such interest in the property taken as may be necessary to enable the condemnor to exercise his franchise or conduct his business. Whenever the condemnor ceases using the property taken for the purpose of conducting his business, the property shall revert to the person from whom taken, his heirs or assigns. Notwithstanding any other provision of this Code section, whenever any municipality condemns land for protection against floods and freshets, that municipality may acquire a fee simple title to the property condemned on payment of the condemnation money. When such municipality has a population of more than 250,000 according to the last or any future decennial census of the United States, such municipality, or the county in which the major portion of such municipality is located, shall acquire a fee simple title to the property condemned upon payment of the condemnation money.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 2 - CONDEMNATION PROCEDURE GENERALLY (§§ 22-2-1 — 22-2-142) › Article 1 - PROCEEDING BEFORE ASSESSORS (§§ 22-2-1 — 22-2-86) › Part 5 - APPEALS AND FINAL JUDGMENT (§§ 22-2-80 — 22-2-86) › Section 22-2-86 - Manner of payment where owner a minor or under disability and without a legal representative

If the person entitled to payment of the award or judgment is a minor or under any disability and has no legal representative entitled to receive the money, the money shall be paid to the judge of the probate court of the county, who shall at once cause the money to be invested. To this end, the judge of the probate court of the county of the disabled owner's residence shall appoint a guardian or other proper representative to receive the money and manage the property in which it may be invested.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 2 - CONDEMNATION PROCEDURE GENERALLY (§§ 22-2-1 — 22-2-142) › Article 2 - PROCEEDING BEFORE SPECIAL MASTER (§§ 22-2-100 — 22-2-114) › Section 22-2-100 - "Condemning body" and "condemnor" defined

As used in this article, "condemning body" or "condemnor" means:
(1)
The State of Georgia or any branch or any department, board, commission, agency, or authority of the executive branch of the government of the State of Georgia;
(2)
Any county or municipality of the State of Georgia;
(3)
Any housing authority with approval of the governing authority of the city or county as provided in Code Section
8-3-31.1
;
(4)
Any other political subdivision of the State of Georgia which possesses the power of eminent domain; and
(5)
All public utilities that possess the right or power of eminent domain.
Amended by 2006 Ga. Laws 444,§ 7, eff. 4/4/2006.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 2 - CONDEMNATION PROCEDURE GENERALLY (§§ 22-2-1 — 22-2-142) › Article 2 - PROCEEDING BEFORE SPECIAL MASTER (§§ 22-2-100 — 22-2-114) › Section 22-2-101 - Effect of article on other methods of condemnation; intent of article

This article shall be supplementary to and cumulative of the methods of condemnation described in Articles 1 and 3 of this chapter in cases in which the state, or any branch of the government of the state, or any county, municipality, or other political subdivision of the state, or any housing authority, or any other person possessing the power of eminent domain is concerned. This article is intended to provide a simpler and more effective method of condemnation in those cases where a judicial supervision of the proceedings is desirable by reason of the necessity for a quick determination of the just and adequate compensation to be paid the owner of the property or interest subject to be condemned, or by reason of the number of parties at interest or the conflicting interests of such parties, or in cases where there are parties who are non compos mentis or who are not sui juris or who are nonresidents, or in cases where there are conflicting interests or doubtful questions. 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 3 of this chapter.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 2 - CONDEMNATION PROCEDURE GENERALLY (§§ 22-2-1 — 22-2-142) › Article 2 - PROCEEDING BEFORE SPECIAL MASTER (§§ 22-2-100 — 22-2-114) › Section 22-2-102 - Requirements for condemnation; time of hearing; directions for notice and service; attachment of process to petition; cause to proceed in rem

(a)
In addition to the requirements set forth in Chapter 1 of this title, whenever it is desirable, for any reason, to arrive at a quick and certain determination of the compensation to be paid first to the condemnee for the taking or damaging of private property, the condemnor shall:
(1)
File a petition in a superior court having jurisdiction for a judgment in rem against the property or interest therein, as provided in Code Section
22-2-130
; and
(2)
At or before the filing of the petition, present a copy of the petition to a judge of the superior court of the county wherein the property or interest sought to be condemned is located. Thereupon, unless waived by the parties the judge shall have a hearing in court, in chambers, or by telephone with the parties not less than ten days nor more than 30 days from the filing of the petition to appoint a special master. After such hearing, the judge shall make an order requiring the condemnor, the person in possession of the property or interest, and each person with a legal claim or interest to appear at a hearing before a special master at a time and place specified in the order and to make known their rights, if any, in and to the property or interest sought to be condemned, their claims as to the value of the property or interest, and any other matters material to their respective rights.
(b)
The hearing before the special master shall take place not less than 30 days nor more than 60 days after the date of the entry of the order appointing the special master.
(c)
The order shall give such directions for notice and the service thereof as are appropriate and as are consistent with this article, in such manner as to provide most effectively an opportunity to all parties at interest to be heard. In condemnations for purposes of constructing or expanding one or more electric transmission lines, in addition to service of the order, a copy of the order shall be mailed by certified mail or sent by statutory overnight delivery to any person shown by the public ad valorem tax records of the county in which the property is located to have an interest in the property and to any other person having open and obvious possession of the property. It shall not be necessary to attach any other process to the petition except the order so made, and the cause shall proceed as in rem.
Amended by 2006 Ga. Laws 444,§ 8, eff. 4/4/2006.
Amended by 2004 Ga. Laws 536, § 1, eff. 7/1/2004.