reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 3 - EXERCISE OF POWER OF EMINENT DOMAIN FOR SPECIAL PURPOSES (§§ 22-3-1 — 22-3-162) › Article 4 - PETROLEUM PIPELINES (§§ 22-3-80 — 22-3-85) › Section 22-3-82 - General certificate and permitting requirements

(a)
A petroleum pipeline company shall not exercise the power of eminent domain granted in Code Section
22-3-81
for the purpose of constructing a new petroleum pipeline or for an extension unless and until a certificate of public convenience and necessity is issued by the commissioner of transportation as provided in Code Section
22-3-83
and a permit is issued by the director of the Environmental Protection Division of the Department of Natural Resources as provided in Chapter 17 of Title 12.
(b)
No certificate of public convenience and necessity or permit as provided in Code Section
22-3-83
shall be required of a petroleum pipeline company that is:
(1)
Not exercising the power of eminent domain to acquire property; or
(2)
Exercising the power of eminent domain for the purpose of maintenance or expansion.
Added by 2017 Ga. Laws 263,§ 2, eff. 5/9/2017.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 3 - EXERCISE OF POWER OF EMINENT DOMAIN FOR SPECIAL PURPOSES (§§ 22-3-1 — 22-3-162) › Article 4 - PETROLEUM PIPELINES (§§ 22-3-80 — 22-3-85) › Section 22-3-84 - Notice to landowner

Prior to initiating eminent domain proceedings or threatening to do so, the petroleum pipeline company shall cause to be delivered to each landowner whose property may be condemned a written notice containing the following language in boldface type:
"CHAPTER 17 OF TITLE 12 AND ARTICLE 4 OF CHAPTER 3 OF TITLE 22 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED PROVIDE SPECIFIC REQUIREMENTS WHICH MUST BE FOLLOWED BY PETROLEUM PIPELINE COMPANIES BEFORE THEY MAY EXERCISE THE RIGHT TO CONDEMN YOUR PROPERTY. THOSE PROVISIONS OF THE OFFICIAL CODE OF GEORGIA ANNOTATED ALSO PROVIDE SPECIFIC RIGHTS FOR YOUR PROTECTION. YOU SHOULD FAMILIARIZE YOURSELF WITH THOSE REQUIREMENTS AND YOUR RIGHTS PRIOR TO CONTINUING NEGOTIATIONS CONCERNING THE SALE OF YOUR PROPERTY TO A PETROLEUM PIPELINE COMPANY."
Added by 2017 Ga. Laws 263,§ 2, eff. 5/9/2017.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 3 - EXERCISE OF POWER OF EMINENT DOMAIN FOR SPECIAL PURPOSES (§§ 22-3-1 — 22-3-162) › Article 4 - PETROLEUM PIPELINES (§§ 22-3-80 — 22-3-85) › Section 22-3-85 - Use of condemnation procedures

When a petroleum pipeline company that has met all the requirements of this article is unable to acquire the property or interest required for the purpose of an expansion, an extension, maintenance, or construction of a new petroleum pipeline, after reasonable negotiation with the owner of such property or interest, the petroleum pipeline company may acquire such property or interest by the use of the condemnation procedures authorized by Chapter 2 of this title.
Added by 2017 Ga. Laws 263,§ 2, eff. 5/9/2017.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 3 - EXERCISE OF POWER OF EMINENT DOMAIN FOR SPECIAL PURPOSES (§§ 22-3-1 — 22-3-162) › Article 4A - NATURAL OR ARTIFICIAL GAS PIPELINES (§ 22-3-95) › Section 22-3-95 - Eminent domain use by natural gas transporters or distributors

The power of eminent domain may be exercised by persons who are or may be engaged in constructing or operating pipelines for the transportation or distribution of natural or artificial gas and by persons who are or may be engaged in furnishing natural or artificial gas for heating, lighting, or power purposes in this state.
Added by 2016 Ga. Laws 557,§ 2, eff. 5/3/2016.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 3 - EXERCISE OF POWER OF EMINENT DOMAIN FOR SPECIAL PURPOSES (§§ 22-3-1 — 22-3-162) › Article 5 - CONSTRUCTION, OPERATION, ETC., OF WATERSHED PROJECTS, FLOOD-CONTROL PROJECTS, ETC., BY COUNTIES (§§ 22-3-100 — 22-3-102) › Section 22-3-100 - Authority of counties to exercise power of eminent domain

Every county of the State of Georgia may exercise the power of eminent domain for the purpose of taking and acquiring the property or other interests necessary:
(1)
To enable the county to institute and to accomplish the completion of small watershed projects, works of improvements for watersheds, and projects for watershed protection and flood control and prevention under any applicable Act of the State of Georgia or act of the United States;
(2)
For certain public parks, playgrounds, recreation centers, or other recreational facilities to be developed in connection with the development or construction of any small watershed project, any project for watershed protection or flood control and prevention, or works of improvements for watersheds; and
(3)
To allow for ways of ingress to and egress from any and all such watershed projects, improvements of watershed projects, projects for watershed protection and flood control and prevention, and public parks, playgrounds, recreation centers, or other recreational facilities.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 3 - EXERCISE OF POWER OF EMINENT DOMAIN FOR SPECIAL PURPOSES (§§ 22-3-1 — 22-3-162) › Article 5 - CONSTRUCTION, OPERATION, ETC., OF WATERSHED PROJECTS, FLOOD-CONTROL PROJECTS, ETC., BY COUNTIES (§§ 22-3-100 — 22-3-102) › Section 22-3-101 - Condemnation procedure

For the purposes designated in Code Section
22-3-100
, every county of the State of Georgia may proceed to condemn the necessary property or other interest in accordance with the procedures set forth by the pertinent eminent domain statutes of this state and in accordance with all existing laws applicable to the condemnation of private property for public use, including Article 2 of Chapter 2 of this title.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 3 - EXERCISE OF POWER OF EMINENT DOMAIN FOR SPECIAL PURPOSES (§§ 22-3-1 — 22-3-162) › Article 5 - CONSTRUCTION, OPERATION, ETC., OF WATERSHED PROJECTS, FLOOD-CONTROL PROJECTS, ETC., BY COUNTIES (§§ 22-3-100 — 22-3-102) › Section 22-3-102 - Requirement of condemnation of fee simple title to land to be flooded permanently

In any proceeding under this article, the condemnor shall be required to condemn the fee simple title to all land not otherwise acquired which will be covered by permanent flooding.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 3 - EXERCISE OF POWER OF EMINENT DOMAIN FOR SPECIAL PURPOSES (§§ 22-3-1 — 22-3-162) › Article 6 - CONSTRUCTION OF LIGHTHOUSES, BEACONS, ETC., BY UNITED STATES GOVERNMENT (§§ 22-3-120 — 22-3-122) › Section 22-3-120 - Condemnation for construction of lighthouses, beacons, and other navigational aides

In any county in which the United States government authorizes the construction of lighthouses, beacons, range lights, or any other structure designed to assist the navigation of the waters of this state, any proper agency of the United States and the mayor of any city in that county shall mark out, by metes and bounds, the property necessary to be taken and shall convey to the owner of the property or of any interest therein notice of the planned construction. If the agency of the United States and the owner cannot agree on the compensation to be paid for taking the land, the Governor shall appoint one person and the owner of the land another; and these two shall select a third person. The three persons so selected shall constitute a commission to assess the just and adequate compensation to be paid according to the general method of condemning land 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 3 - EXERCISE OF POWER OF EMINENT DOMAIN FOR SPECIAL PURPOSES (§§ 22-3-1 — 22-3-162) › Article 6 - CONSTRUCTION OF LIGHTHOUSES, BEACONS, ETC., BY UNITED STATES GOVERNMENT (§§ 22-3-120 — 22-3-122) › Section 22-3-121 - Acquisition of right to enter lands and clear or cut timber for purposes of carrying out survey of coasts - Generally

Any person employed under the act of the Congress of the United States providing for a survey of the coasts may enter upon lands within this state and clear or cut timber upon the same for any purpose legitimately connected with and necessary to carry out the survey, provided that no unnecessary injury be done thereby and all damages to the owner of the land be promptly paid.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 3 - EXERCISE OF POWER OF EMINENT DOMAIN FOR SPECIAL PURPOSES (§§ 22-3-1 — 22-3-162) › Article 6 - CONSTRUCTION OF LIGHTHOUSES, BEACONS, ETC., BY UNITED STATES GOVERNMENT (§§ 22-3-120 — 22-3-122) › Section 22-3-122 - Acquisition of right to enter lands and clear or cut timber for purposes of carrying out survey of coasts - Manner of assessment where parties cannot agree on compensation

If the parties representing the government of the United States and the owner of the property or of any interest therein pursuant to Code Section
22-3-121
cannot agree upon the amount of compensation to be paid for the property, the damages shall be assessed as provided in this title.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 3 - EXERCISE OF POWER OF EMINENT DOMAIN FOR SPECIAL PURPOSES (§§ 22-3-1 — 22-3-162) › Article 7 - OWNERSHIP OR OPERATION OF UTILITY SYSTEMS (§ 22-3-140) › Section 22-3-140 - Authorization to utilize the declaration of taking method of eminent domain

Any state agency, political subdivision of the state, county, or municipality owning or operating a sewage collection, treatment, or disposal system, a water or waste-water system, a gas or gas line system, an electrical or electrical line system, or a drain or storm-water system is authorized to utilize the declaration of taking method of eminent domain in order to acquire any private property in fee simple or in any lesser interest, including easements, for such systems and purposes, as such method of eminent domain is provided in Article 1 of Chapter 3 of Title 32. This article and method of eminent domain shall be supplementary to and cumulative of the methods of procedure for the exercise of the power of eminent domain prescribed in this title.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 3 - EXERCISE OF POWER OF EMINENT DOMAIN FOR SPECIAL PURPOSES (§§ 22-3-1 — 22-3-162) › Article 8 - ELECTRIC TRANSMISSION LINES (§§ 22-3-160 — 22-3-162) › Section 22-3-160 - "Utility" defined

As used in this article, the term "utility" means a person, corporation, or other entity that generates, transmits, distributes, supplies, or sells electricity for public or private use in this state or generates electricity in this state for transmission or distribution outside this state.
Amended by 2005 Ga. Laws 19,§ 22, eff. 4/7/2005.
Added by 2004 Ga. Laws 536, § 2, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 3 - EXERCISE OF POWER OF EMINENT DOMAIN FOR SPECIAL PURPOSES (§§ 22-3-1 — 22-3-162) › Article 8 - ELECTRIC TRANSMISSION LINES (§§ 22-3-160 — 22-3-162) › Section 22-3-161 - Selection of route for electric transmission line; settlement negotiations with property owners

(a)
On and after July 1, 2004, before exercising the right of eminent domain for purposes of constructing or expanding an electric transmission line described in subsection (a) of Code Section
22-3-160.1
, the utility shall select a practical and feasible route for the location of the electric transmission line. In selecting the route for the location of the electric transmission line, the utility shall consider existing land uses in the geographic area where the line is to be located, existing corridors, existing environmental conditions in the area, engineering practices related to the construction and operation of the line, and costs related to the construction, operation, and maintenance of the line.
(b)
After the utility has selected the preferred route for the location of an electric transmission line, the utility shall attempt in good faith to negotiate a settlement with each property owner from whom the utility needs to acquire property rights for the line. In connection with the negotiations, the utility shall provide the property owner with a written offer to purchase the property rights, a document that describes the property rights, and a drawing that shows the location of the line on the owner's property.
(c)
The requirements of subsections (a) and (b) of this Code section shall not apply to an electric transmission line described in subsection (d) of Code Section
22-3-160.1
.
Amended by 2005 Ga. Laws 19,§ 22, eff. 4/7/2005.
Added by 2004 Ga. Laws 536, § 2, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 3 - EXERCISE OF POWER OF EMINENT DOMAIN FOR SPECIAL PURPOSES (§§ 22-3-1 — 22-3-162) › Article 8 - ELECTRIC TRANSMISSION LINES (§§ 22-3-160 — 22-3-162) › Section 22-3-162 - Application; additional compensation or reconveyance

(a)
This Code section shall apply to any easement or other property interest acquired on or after July 1, 2004, through exercise of the right of eminent domain for purposes of constructing or expanding an electric transmission line:
(1)
With a capacity of 230 kilovolts or less if the utility has not begun such construction or expansion within 12 years from the date of acquisition and the land burdened by the easement or other property interest is not adjacent to an electric transmission line corridor in existence 12 years from the date of acquisition;
(2)
With a capacity of more than 230 kilovolts if the utility has not begun such construction or expansion within 15 years from the date of acquisition and the land burdened by the easement or other property interest is not adjacent to an electric transmission line corridor in existence 15 years from the date of acquisition; and
(3)
Of any capacity if the land burdened by the easement or other property interest is adjacent to an electric transmission line corridor in existence 15 years after the date of acquisition and the utility has not begun the construction or expansion for which the easement or other property right was acquired within 15 years from the date of acquisition.
(b)
When this Code section becomes applicable to an easement or other property interest, the owner of the land burdened by such easement or property interest may apply to the utility that acquired the easement or other property interest or such utility's successor or assign for reconveyance or quitclaim of the easement or other property interest or for additional compensation for such easement or other property interest. The application shall be in writing, and the utility or its successor or assign shall act on the application within 60 days by:
(1)
Executing a reconveyance or quitclaim of the easement or property interest upon receipt of compensation not to exceed the amount of the compensation paid by the utility for the easement or property interest at the time of acquisition; or
(2)
Paying additional compensation to the owner of the land burdened by the easement or other property interest, such compensation to be calculated by subtracting the price paid by the utility for the easement or other property interest at the time of acquisition from the fair market value of the easement or other property interest at the time this Code section becomes applicable to such easement or other property interest.
(c)
The choice between additional compensation or reconveyance or quitclaim shall be at the discretion of the utility or its successor or assign.
Added by 2004 Ga. Laws 536, § 2, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 4 - RELOCATION OF PERSONS, BUSINESSES, ETC., DISPLACED BY FEDERAL-AID PROJECTS (§§ 22-4-1 — 22-4-15) › Section 22-4-1 - Short title; "Uniform Act" defined

(a)
This chapter shall be known as "The Georgia Relocation Assistance and Land Acquisition Policy Act."
(b)
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.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 4 - RELOCATION OF PERSONS, BUSINESSES, ETC., DISPLACED BY FEDERAL-AID PROJECTS (§§ 22-4-1 — 22-4-15) › Section 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.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 4 - RELOCATION OF PERSONS, BUSINESSES, ETC., DISPLACED BY FEDERAL-AID PROJECTS (§§ 22-4-1 — 22-4-15) › Section 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.
Amended by 2006 Ga. Laws 444,§ 17, eff. 4/4/2006.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 4 - RELOCATION OF PERSONS, BUSINESSES, ETC., DISPLACED BY FEDERAL-AID PROJECTS (§§ 22-4-1 — 22-4-15) › Section 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.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 4 - RELOCATION OF PERSONS, BUSINESSES, ETC., DISPLACED BY FEDERAL-AID PROJECTS (§§ 22-4-1 — 22-4-15) › Section 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.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 4 - RELOCATION OF PERSONS, BUSINESSES, ETC., DISPLACED BY FEDERAL-AID PROJECTS (§§ 22-4-1 — 22-4-15) › Section 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.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 4 - RELOCATION OF PERSONS, BUSINESSES, ETC., DISPLACED BY FEDERAL-AID PROJECTS (§§ 22-4-1 — 22-4-15) › Section 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.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 4 - RELOCATION OF PERSONS, BUSINESSES, ETC., DISPLACED BY FEDERAL-AID PROJECTS (§§ 22-4-1 — 22-4-15) › Section 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.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 4 - RELOCATION OF PERSONS, BUSINESSES, ETC., DISPLACED BY FEDERAL-AID PROJECTS (§§ 22-4-1 — 22-4-15) › Section 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.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 4 - RELOCATION OF PERSONS, BUSINESSES, ETC., DISPLACED BY FEDERAL-AID PROJECTS (§§ 22-4-1 — 22-4-15) › Section 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.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 4 - RELOCATION OF PERSONS, BUSINESSES, ETC., DISPLACED BY FEDERAL-AID PROJECTS (§§ 22-4-1 — 22-4-15) › Section 22-4-11 - Adoption of rules; appeal and review

(a)
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.
(b)
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."
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 4 - RELOCATION OF PERSONS, BUSINESSES, ETC., DISPLACED BY FEDERAL-AID PROJECTS (§§ 22-4-1 — 22-4-15) › Section 22-4-11.1 - Exercise of powers granted under this chapter by municipal corporations with population of 350,000 or more; effect of this Code section on other laws

(a)
In addition and supplementary to other powers provided by this chapter for the several public entities, any municipal corporation having a population of 350,000 or more according to the United States decennial census of 1970 or any future such census may exercise the powers provided by this chapter for public works projects which are not financed in whole or in part from federal funds, but which are financed wholly or in part from the funds of any such municipal corporation or from other nonfederal funding sources, if the governing authority of any such municipal corporation shall first pass an ordinance or resolution stipulating that such funds are to be spent in good faith anticipation of whole or partial reimbursement from federal funds. The costs incurred by any such municipal corporation pursuant to the authority provided by this Code section shall be a part of the costs of public works projects. In carrying out the powers granted under this Code section any such municipal corporation shall be authorized to:
(1)
Provide all relocation assistance and payments as authorized by this chapter;
(2)
Establish and implement all acquisition policies and practices authorized under this chapter; and
(3)
Provide for reimbursement of all necessary expenses authorized under this chapter.
(b)
This Code section shall not be construed to repeal or affect in any manner Code Section
32-8-1
, relating to relocation assistance for persons displaced by federal-aid highway projects.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 4 - RELOCATION OF PERSONS, BUSINESSES, ETC., DISPLACED BY FEDERAL-AID PROJECTS (§§ 22-4-1 — 22-4-15) › Section 22-4-12 - Functions provided in chapter as public purposes; effect of chapter on power to tax

(a)
The providing of all of the relocation assistances and payments described in this chapter and, in connection with the acquisition of real property for public works projects or programs, the establishing of all of the policies and practices described in this chapter, and the paying or reimbursing of all of the expenses described in this chapter are declared to be necessary and shall and do constitute governmental functions undertaken for public purposes. Therefore, public funds may be expended by said public entities in furtherance of such functions, and those public entities that possess the power of taxation in relation to the public works projects and programs referred to in this subsection may exercise such power in furtherance thereof.
(b)
Nothing contained in this Code section should be construed as a grant of a power of taxation to any of the several public entities which do not possess, independently of this chapter, any powers of taxation. Rather, this Code section shall constitute a grant of the power of taxation in relation to the public purposes enumerated in subsection (a) of this Code section to such of the several public entities as possess, independently of this chapter, powers of taxation in relation to the particular public works project or program which is undertaken or sponsored by such public entity and which displaces a person, thereby giving rise to the necessity of relocation assistance and payments, or which requires the acquisition of real property, thereby necessitating the real property acquisition policies, practices, payments, and reimbursements described in this chapter.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 4 - RELOCATION OF PERSONS, BUSINESSES, ETC., DISPLACED BY FEDERAL-AID PROJECTS (§§ 22-4-1 — 22-4-15) › Section 22-4-13 - Payments under chapter as income or resources

No payment received by a displaced person under this chapter shall be considered as income or resources for the purpose of determining the eligibility or extent of eligibility of any person for assistance under any state law or for the purposes of the state's personal income tax law, corporation tax law, or other tax laws. These payments shall not be considered as income or resources of any recipient of public assistance, and the payment shall not be deducted from the amount of aid to which the recipient would otherwise be entitled.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 4 - RELOCATION OF PERSONS, BUSINESSES, ETC., DISPLACED BY FEDERAL-AID PROJECTS (§§ 22-4-1 — 22-4-15) › Section 22-4-14 - Effect of chapter on condemnation proceedings

Nothing contained in this chapter shall be construed as creating in any condemnation proceeding brought under the power of eminent domain any element of value or of damage.
2023 CODE OF GEORGIA › Title 22 - EMINENT DOMAIN (§§ 22-1-1 — 22-4-15) › Chapter 4 - RELOCATION OF PERSONS, BUSINESSES, ETC., DISPLACED BY FEDERAL-AID PROJECTS (§§ 22-4-1 — 22-4-15) › Section 22-4-15 - Authority of public entities to provide replacement housing when federal-aid project cannot proceed to actual construction

The several public entities shall have the authority, as a last resort, to provide replacement housing when a federal-aid project financed in whole or in part with federal aid cannot proceed to actual construction because no comparable replacement sale or rental housing is available. In carrying out the relocation assistance activities, the several public entities shall be authorized to make payments, construct or reconstruct with their own forces, cause to be constructed or reconstructed, and purchase by deed or condemnation any real property for the purposes of providing replacement housing. The acquiring public entity may exchange, lease, or sell to the displaced person such replacement housing. Whenever any real property has been acquired under this Code section and thereafter the acquiring public entity determines that all or any part of such property or any interest therein is no longer needed for such purposes because of changed conditions, the acquiring public entity is authorized to dispose of such property or interest therein in accordance with Code Section
50-16-144
.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 1 - GENERAL PROVISIONS (§§ 23-1-1 — 23-1-25) › Section 23-1-1 - Equity jurisdiction vested in superior courts and State-wide Business Court

All equity jurisdiction shall be vested in the superior courts of the several counties and in the Georgia State-wide Business Court as provided in Code Section
15-5A-3
.
Amended by 2019 Ga. Laws 271,§ 3-4, eff. 5/7/2019.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 1 - GENERAL PROVISIONS (§§ 23-1-1 — 23-1-25) › Section 23-1-2 - Scope of equity jurisdiction; modes of remedy

Generally, equity jurisprudence embraces the same matters of jurisdiction and modes of remedy as were allowed and practiced in England.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 1 - GENERAL PROVISIONS (§§ 23-1-1 — 23-1-25) › Section 23-1-3 - Grounds for equity jurisdiction

Equity jurisdiction is established and allowed for the protection and relief of parties where, from any peculiar circumstances, the operation of the general rules of law would be deficient in protecting from anticipated wrong or relieving for injuries done.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 1 - GENERAL PROVISIONS (§§ 23-1-1 — 23-1-25) › Section 23-1-4 - Effect of legal remedy on exercise of jurisdiction

Equity will not take cognizance of a plain legal right where an adequate and complete remedy is provided by law; but the mere privilege of a party to bring an action at law or the existence of a common-law remedy not as complete or effectual as the equitable relief shall not deprive equity of jurisdiction.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 1 - GENERAL PROVISIONS (§§ 23-1-1 — 23-1-25) › Section 23-1-5 - Concurrent jurisdiction of law and equity

Where law and equity have concurrent jurisdiction, whichever first takes jurisdiction shall retain it, unless a good reason shall be given for the interference of equity.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 1 - GENERAL PROVISIONS (§§ 23-1-1 — 23-1-25) › Section 23-1-6 - Equity follows the law

Equity is ancillary, not antagonistic, to the law; hence, equity follows the law where the rule of law is applicable and follows the analogy of the law where no rule is directly applicable.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 1 - GENERAL PROVISIONS (§§ 23-1-1 — 23-1-25) › Section 23-1-7 - Equity seeks to do justice

Equity seeks always to do complete justice. Hence, having the parties before the court rightfully, it will proceed to give full relief to all parties in reference to the subject matter of the action, provided the court has jurisdiction for that purpose.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 1 - GENERAL PROVISIONS (§§ 23-1-1 — 23-1-25) › Section 23-1-10 - Who would have equity must do equity

He who would have equity must do equity and must give effect to all equitable rights of the other party respecting the subject matter of the action.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 1 - GENERAL PROVISIONS (§§ 23-1-1 — 23-1-25) › Section 23-1-11 - Effect of equal equities; effect of unequal equities

Where equities are equal, the law shall prevail. If equities are unequal, the superior equity shall prevail. Superior diligence as to time will create such inequality.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 1 - GENERAL PROVISIONS (§§ 23-1-1 — 23-1-25) › Section 23-1-12 - Equity of misled party superior

The equity of a party who has been misled is superior to that of the person who willfully misleads such party.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 1 - GENERAL PROVISIONS (§§ 23-1-1 — 23-1-25) › Section 23-1-14 - Who bears loss from act of third party

When one of two innocent persons must suffer by the act of a third person, he who put it in the power of the third person to inflict the injury shall bear the loss.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 1 - GENERAL PROVISIONS (§§ 23-1-1 — 23-1-25) › Section 23-1-15 - Where both parties equally at fault; where fault is unequal

When both parties are equally at fault, equity will not interfere but will leave them where it finds them. The rule is otherwise if the fault of one decidedly overbalances that of the other.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 1 - GENERAL PROVISIONS (§§ 23-1-1 — 23-1-25) › Section 23-1-17 - Scope of notice; ignorance due to negligence

Notice sufficient to excite attention and put a party on inquiry shall be notice of everything to which it is afterwards found that such inquiry might have led. Ignorance of a fact due to negligence shall be equivalent to knowledge in fixing the rights of parties.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 1 - GENERAL PROVISIONS (§§ 23-1-1 — 23-1-25) › Section 23-1-18 - Pending action as notice; effect on purchaser

Decrees ordinarily bind only parties and their privies; but a pending action shall be a general notice of an equity or claim to all the world from the time the action is filed and docketed. If the same is duly prosecuted and is not collusive, one who purchases pending the final outcome of the litigation shall be affected by the decree rendered therein.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 1 - GENERAL PROVISIONS (§§ 23-1-1 — 23-1-25) › Section 23-1-19 - Sale to one without notice; sale by one without notice

If one with notice sells to one without notice, the latter shall be protected. If one without notice sells to one with notice, the latter shall be protected, as otherwise a bona fide purchaser might be deprived of selling his property for full value.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 1 - GENERAL PROVISIONS (§§ 23-1-1 — 23-1-25) › Section 23-1-20 - Interference with bona fide purchaser

A bona fide purchaser for value without notice of an equity will not be interfered with by equity.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 1 - GENERAL PROVISIONS (§§ 23-1-1 — 23-1-25) › Section 23-1-21 - Compulsion to litigate

Equity will not force persons to litigate in order to have done what they ought to do and are willing to do voluntarily.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 1 - GENERAL PROVISIONS (§§ 23-1-1 — 23-1-25) › Section 23-1-22 - Interference with creditor

A diligent creditor shall not needlessly be interfered with in the prosecution of his legal remedies.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 1 - GENERAL PROVISIONS (§§ 23-1-1 — 23-1-25) › Section 23-1-23 - Construction of conditions; relief against forfeitures

Where the rules of construction will allow, equity seeks always to construe conditions subsequent into covenants and to relieve against forfeitures.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 1 - GENERAL PROVISIONS (§§ 23-1-1 — 23-1-25) › Section 23-1-24 - When election between benefits compelled

A case of election arises whenever a person is entitled to one of two benefits, to each of which he has legal title; but the enforcement of both would be unconscionable and inequitable to others having claims upon the same property or fund. In such cases equity may compel an election.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 1 - GENERAL PROVISIONS (§§ 23-1-1 — 23-1-25) › Section 23-1-25 - Laches

Equity gives no relief to one whose long delay renders the ascertainment of the truth difficult, even when no legal limitation bars the right.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 1 - GENERAL PROVISIONS (§§ 23-2-1 — 23-2-3) › Section 23-2-2 - Setting aside sale or contract for inadequate consideration

Great inadequacy of consideration, joined with great disparity of mental ability in contracting a bargain, may justify equity in setting aside a sale or other contract.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 1 - GENERAL PROVISIONS (§§ 23-2-1 — 23-2-3) › Section 23-2-3 - Payment of lost bonds or notes

In cases of lost bonds or negotiable securities, the court may decree that payment shall be made, provided indemnity is given against liability or loss resulting from such payment.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 2 - ACCIDENT AND MISTAKE (§§ 23-2-20 — 23-2-34) › Section 23-2-20 - Which accidents relievable in equity

An accident relievable in equity is an occurrence, not the result of negligence or misconduct of the party seeking relief in relation to a contract, as was not anticipated by the parties when the contract was entered into, which gives an undue advantage to one of them over another in a court of law.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 2 - ACCIDENT AND MISTAKE (§§ 23-2-20 — 23-2-34) › Section 23-2-21 - What mistakes relievable in equity; power to relieve to be exercised cautiously

(a)
A mistake relievable in equity is some unintentional act, omission, or error arising from ignorance, surprise, imposition, or misplaced confidence.
(b)
Mistakes may be either of law or of fact.
(c)
The power to relieve mistakes shall be exercised with caution; to justify it, the evidence shall be clear, unequivocal, and decisive as to the mistake.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 2 - ACCIDENT AND MISTAKE (§§ 23-2-20 — 23-2-34) › Section 23-2-22 - Mistake of law in instrument by contracting parties

An honest mistake of the law as to the effect of an instrument on the part of both contracting parties, when the mistake operates as a gross injustice to one and gives an unconscionable advantage to the other, may be relieved in equity.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 2 - ACCIDENT AND MISTAKE (§§ 23-2-20 — 23-2-34) › Section 23-2-23 - Mistake of law in instrument by agent

A mistake of law by the draftsman or other agent, by which the contract, as executed, does not fulfill or violates the manifest intention of the parties to the agreement, may be relieved in equity.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 2 - ACCIDENT AND MISTAKE (§§ 23-2-20 — 23-2-34) › Section 23-2-24 - When mistake of fact relieved

In all cases of a mistake of fact material to the contract or other matter affected by it, if the complaining party applies within a reasonable time, equity will grant relief.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 2 - ACCIDENT AND MISTAKE (§§ 23-2-20 — 23-2-34) › Section 23-2-25 - Form of conveyance contrary to intent

If the form of conveyance is, by accident or mistake, contrary to the intention of the parties in their contract, equity shall interfere to make it conform thereto.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 2 - ACCIDENT AND MISTAKE (§§ 23-2-20 — 23-2-34) › Section 23-2-26 - Accident or mistake in execution of power

Accident or mistake in the execution of a power or causing the defective execution of the power will be remedied in equity.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 2 - ACCIDENT AND MISTAKE (§§ 23-2-20 — 23-2-34) › Section 23-2-27 - Equitable interference not authorized by mere ignorance of law

Mere ignorance of the law on the part of the party himself, where the facts are all known and there is no misplaced confidence and no artifice, deception, or fraudulent practice is used by the other party either to induce the mistake of law or to prevent its correction, shall not authorize the intervention of equity.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 2 - ACCIDENT AND MISTAKE (§§ 23-2-20 — 23-2-34) › Section 23-2-28 - Equitable interference not authorized by mutual ignorance of fact; mistake in judgment of value

Ignorance of a fact by both parties shall not justify the interference of equity; nor shall a mistake in judgment or opinion merely as to the value of property authorize such interference.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 2 - ACCIDENT AND MISTAKE (§§ 23-2-20 — 23-2-34) › Section 23-2-29 - Equitable interference not authorized by failure to exercise diligence; ignorance of fact absent fraud

If a party, by reasonable diligence, could have had knowledge of the truth, equity shall not grant relief; nor shall the ignorance of a fact known to the opposite party justify an interference if there has been no misplaced confidence, misrepresentation, or other fraudulent act.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 2 - ACCIDENT AND MISTAKE (§§ 23-2-20 — 23-2-34) › Section 23-2-30 - Reformation and execution of contract in case of mistake distinguished

A distinction exists between reforming a contract and executing a contract in case of mistake. To authorize the former, the court shall be satisfied by the evidence that the mistake was mutual; but the court may refuse to act in the latter case if the mistake is confined to the party refusing to execute.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 2 - ACCIDENT AND MISTAKE (§§ 23-2-20 — 23-2-34) › Section 23-2-31 - Rescission for unilateral mistake of fact

Equity will not reform a written contract unless the mistake is shown to be the mistake of both parties; but it may rescind and cancel upon the ground of mistake of fact material to the contract of one party only.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 2 - ACCIDENT AND MISTAKE (§§ 23-2-20 — 23-2-34) › Section 23-2-32 - When negligent complainant granted relief

(a)
The negligence of the complaining party, preventing relief in equity, is that want of reasonable prudence, the absence of which would be a violation of legal duty.
(b)
Relief may be granted even in cases of negligence by the complainant if it appears that the other party has not been prejudiced thereby.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 2 - ACCIDENT AND MISTAKE (§§ 23-2-20 — 23-2-34) › Section 23-2-33 - Mere volunteers, in general; exception for executed contracts

Equity will not interfere to relieve against accidents or mistakes of mere volunteers; but, if a contract is actually executed, all the rights growing out of it against or in favor of any one will be enforced.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 2 - ACCIDENT AND MISTAKE (§§ 23-2-20 — 23-2-34) › Section 23-2-34 - Relief against original parties or privies; exception

Equity will grant relief as between the original parties or their privies in law, in fact, or in estate, except bona fide purchasers for value without notice.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 3 - FRAUD (§§ 23-2-50 — 23-2-60) › Section 23-2-50 - Concurrent jurisdiction over fraud

In all cases of fraud, except fraud in the execution of a will, equity has concurrent jurisdiction with the law.