reglab/statecodes huggingface dataset:
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 22-2-102.1 - Petitioning superior court for judgment in rem

In addition to the requirements set forth in Code Section
22-1-10
, whenever it shall be necessary for such condemning body to take or damage private property, or any interest or easement therein, in pursuance of any law so authorizing, for any public use, and where, by reason of the necessities of the public needs, of which the condemning body shall be the exclusive judge, and it shall be desirable for these reasons to have a quick and effective adjudication of the just and adequate compensation to be paid the owner or owners of such property before taking the same, and it shall be desirable to have a judicial ascertainment and judicial supervision of all questions and proceedings connected with the matter, such condemning body may, through any authorized representative, petition the superior court of the county having jurisdiction, for a judgment in rem against said property, or any easement or other interest in said property, condemning the same in fee simple to the use of the petitioner upon payment of just and adequate compensation therefor.
Amended by 2006 Ga. Laws 444,§ 9, 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 22-2-102.2 - Contents of petition

The petition referred to in Code Section
22-2-102.1
shall set forth:
(1)
The facts showing the right to condemn;
(2)
The property or interest to be taken or damaged;
(3)
The names and residences of the persons whose property or interests are to be taken or otherwise affected, so far as known;
(4)
A description of any unknown persons or classes of unknown persons whose rights in the property or interest are to be affected;
(5)
A statement setting forth the necessity to condemn the private property and describing the public use for which the condemnor seeks the property; and
(6)
Such other facts as are necessary for a full understanding of the cause.
Amended by 2006 Ga. Laws 444,§ 10, 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 22-2-103 - Appointment of special master generally

The special master provided for in this article shall be appointed by the judge or judges of the superior courts of each judicial circuit and shall discharge the duties provided for in this article. Nothing contained in this article shall be construed as limiting the number of special masters for the circuit, and any judge of the superior court may appoint a special master for any particular case or cases. The special master so appointed must be a competent attorney at law, be of good standing in his profession, and have at least three years' experience in the practice of law. His relation and accountability to the court shall be that of an auditor or master in the general practice existing in this state. He shall hold office at the pleasure of the judge and shall be removable at any time with or without cause. Each special master shall take and file in the office of the clerk of the superior court of the county in which the property or interest to be condemned is situated, along with the order of his appointment, an oath or affidavit substantially in the form prescribed in Code Section
22-2-105
.
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 22-2-104 - Appointment of special master form to be used in appointing special master

Substantially, the following form should be used in appointing a special master:
__________________, a competent attorney at law, residing in the __________________ Judicial Circuit, and of at least three years' experience in the practice of law, is hereby appointed a special master in and for the __________________ Judicial Circuit, to discharge the duties of special master as provided in the condemnation law of this state. This appointment is __________________ (either for general duties or for a particular case, as the case may be).
This __________________ day of __________________, __________________.
__________________
Judge, Superior Court
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 22-2-105 - Oath of special master

The special master is required to take the following oath to be filed along with the order of his appointment in the office of the clerk of the superior court of the county in which the property or interest to be condemned is situated:
I, __________________, do swear that I will faithfully, well, and truly perform the duties of special master under the condemnation law, according to law and to the best of my skill and ability.
__________________
Sworn to and subscribed
before me this __________________
day of __________________, __________________.
__________________
(Title and authority of attesting officer)
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 22-2-106 - Compensation of special master; allowance by judge of reasonable time for special master to inspect premises

(a)
The compensation of the special master shall be provided for by a proper order of the judge of the superior court; shall be included in and made a part of the judgment of the court condemning the property or any interest therein sought to be taken, such judgment to be based on the award of the special master and shall be paid by the condemning body. Such compensation shall be left to the discretion of the court and shall not exceed a reasonable hourly rate consistent with local standards unless otherwise agreed upon by the parties with consent of the court. The compensation of the special master shall be assessed as court costs and shall be paid prior to the filing of any appeal from the judgment of the court; provided, however, that if such compensation has not been determined and assessed at the time of filing any such appeal, the same shall be paid within 30 days from the date of assessment.
(b)
The judge may allow the special master a reasonable period of time for personal inspection of the premises and may compensate the special master for his or her time spent inspecting the premises and for any actual expenses incurred by the special master in connection with the inspection, provided that the special master shall file an affidavit with the court showing his or her time spent in inspection and itemizing his or her expenses.
Amended by 2006 Ga. Laws 444,§ 11, 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 22-2-108 - Powers and duties of special master generally

The special master appointed pursuant to Code Section
22-2-103
shall serve in lieu of a board of assessors; provided, however, that if two assessors are selected pursuant to Code Section
22-2-108.1
, the special master shall serve as the chairperson of the special master panel and shall decide all issues other than value issues which arise at the hearing provided for in Code Section
22-2-102
. The special master's duties and authority, except as otherwise provided for in this article, shall be the same as provided by Code Sections
22-2-61
through
22-2-63
. The special master shall hold the hearing provided for in Code Section
22-2-102
at the time and place provided by the order of the judge of the superior court and in compliance with the duties and authority conferred by this article. The special master shall not be authorized to continue or delay the hearing, except as otherwise provided by Code Section
22-2-108.1
, relating to granting of a recess for selection of assessors, or by Code Section
9-10-150
, relating to granting continuances by reason of membership in the General Assembly during sessions thereof, or except upon the written order of the judge of the superior court; and such a continuance shall be granted only for good cause shown to that judge. When it shall be necessary for the judge to grant a continuance, the continuance shall be for not more than five days from the date of the order granting the continuance.
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 22-2-108.1 - Special master panel; selection; notice; powers and duties

(a)
At any time at least five calendar days before commencement of the hearing specified in the order of the judge of the superior court, the condemnee or any other person having a right or interest in the property may, by written notice served on the condemnor and all other parties to the proceeding, select an assessor to hear and decide value issues at the hearing. Within five days after receipt of such notice, the condemnor shall, by written notice served on the condemnee and all other parties to the proceeding, select an assessor to hear and decide value issues at the hearing. The provisions of Code Sections
22-2-40
and
22-2-41
shall apply to the selection of such assessors; provided, however, that the special master appointed pursuant to Code Section
22-2-103
shall serve as the third assessor, shall be compensated as provided for in Code Section
22-2-106
, and shall continue to perform the duties set forth in Code Section
22-2-108
. Notwithstanding the number of condemnees or any other persons having a right or interest in the property, only one assessor shall be selected on behalf of all such condemnees or interested parties.
(b)
In the event that the notice selecting an assessor by the condemnee or other person having a right or interest in the property is not served on the condemnor more than five days before the time on which the hearing is to commence as specified in the order of the judge of the superior court, the special master shall convene the hearing at the time and place specified in the order; and if requested by the condemnor, the special master shall then recess the hearing to a date certain, but not more than five calendar days after such time, to allow the condemnor additional time to select an assessor.
(c)
After the condemnee or other person having a right or interest in the property has selected an assessor and the condemnor has selected an assessor, the special master and the two assessors selected by the parties shall constitute the special master panel and, except as otherwise provided in this article, shall perform the duties provided by Code Sections
22-2-61
through
22-2-63
. A majority of the special master panel shall decide all value issues which arise at the hearing provided for in Code Section
22-2-102
and shall prepare and submit the award as provided in Code Section
22-2-110
.
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 22-2-111 - Incorporation of award into judgment of court

Upon the entry of the award of the special master or the special master panel, if such a panel exists, and the presentation of the award to the judge of the superior court, the judge shall enter a proper order and judgment of the court condemning the described property or other interest in rem to the use of the condemnor upon the condemnor's paying into the registry of the court the amount provided in the 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 2 - PROCEEDING BEFORE SPECIAL MASTER (§§ 22-2-100 — 22-2-114) › Section 22-2-112 - Appeal of award generally; condemnee's right to jury trial on issue of just and adequate compensation

(a)
If the condemnor or any condemnee is dissatisfied with the amount of the award, an appeal shall be filed in the superior court and such appeal shall be filed within ten calendar days from the service of the award, plus three additional calendar days for mailing of the award. 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. The entering of an appeal and the proceedings thereon shall not hinder or delay in any way the condemnor's work or the progress thereof.
(b)
The condemnee shall have the right to a jury trial on the issue of just and adequate compensation before the superior court having jurisdiction over the property sought to be condemned during the next term of court following the vesting of title in the condemnor. This right to a jury trial at the next term of court may be waived by the condemnee.
Amended by 2006 Ga. Laws 444,§ 13, 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 22-2-113 - Prosecution of appeals; effect of discrepancy between award of special master and verdict of jury; issuance of execution upon award or judgment

(a)
The tender, payment, or acceptance of the amount of the award shall not prevent any party from prosecuting the appeal.
(b)
Where separate and distinct parcels of property are condemned in the same proceeding, the owner of any separate and distinct property may file a separate appeal to a jury in the superior court.
(c)
If the amount awarded by the special master or the special master panel, if such a panel exists, is less than that found by the verdict of the jury, the condemnor shall be bound to pay the sum so finally adjudged less the amount previously deposited as provided in Code Section
22-2-110
plus lawful interest on the difference from the date of such deposit, in order to retain the property.
(d)
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 2 - PROCEEDING BEFORE SPECIAL MASTER (§§ 22-2-100 — 22-2-114) › Section 22-2-114 - Effect of deposit of award into court registry; conflicting claims as to deposit

When the condemnor has paid into the registry of the court the amount provided for in the award of the special master or the special master panel, if such a panel exists, for the use and benefit of and subject to the demands of the condemnees, the effect of such payment into the registry of the court shall be the same as if paid to the condemnees directly, provided that the clerk shall pay out the money to the condemnees or their personal representatives upon proper proof submitted to him or her as to the quantity of their interests. Where there are conflicting claims, the clerk may require the conflicting parties to establish their claims before the court as is provided by law in other similar matters.
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 3 - PROCEEDING BEFORE COURT (§§ 22-2-130 — 22-2-142) › Section 22-2-130 - Authority to petition superior court for judgment in rem; applicability to acquisition of public property

(a)
Whenever the government of the State of Georgia, the United States government, or any person having the privilege of exercising the right of eminent domain desires to take or damage private property in pursuance of any law so authorizing and finds or believes that the title of the apparent or presumptive owner of such property is defective, doubtful, incomplete, or in controversy or that there are or may be unknown persons or nonresidents who have or may have some claim or demand thereon or some actual or contingent interest or estate therein or that there are minors or persons under disability who are or may be interested therein or that there are taxes due or that should be paid thereon or concludes for any reason that it is desirable to have a judicial ascertainment of any question connected with the matter, such government or person may, through any authorized representative, petition the superior court of the county having jurisdiction for a judgment in rem against the property or interest, condemning the same to the use of the petitioner upon payment of just and adequate compensation therefor to the person or persons entitled to such payment.
(b)
Notwithstanding the provisions of subsection (a) of this Code section, the provisions of this article shall also apply to the acquisition of public property or an interest therein by condemnation and the power of eminent domain. As used in this subsection, the term "public property" has the meaning provided for in Code Section
50-16-180
.
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 3 - PROCEEDING BEFORE COURT (§§ 22-2-130 — 22-2-142) › Section 22-2-131 - Contents of petition

(a)
The petition referred to in Code Section
22-2-130
shall set forth:
(1)
The facts showing the right to condemn;
(2)
The property or interest to be taken or damaged;
(3)
The names and residences of the persons whose property or interests are to be taken or otherwise affected, so far as known;
(4)
A description of any unknown persons or classes of unknown persons whose rights in the property or interest are to be affected;
(5)
Such other facts as are necessary for a full understanding of the cause;
(6)
A statement setting forth the necessity to condemn the private property and describing the public use for which the condemnor seeks the property; and
(7)
A prayer for such judgment of condemnation as may be proper and desired.
(b)
If any of the persons referred to in this Code section are minors or under disability, the fact shall be stated.
Amended by 2006 Ga. Laws 444,§ 14, 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 3 - PROCEEDING BEFORE COURT (§§ 22-2-130 — 22-2-142) › Section 22-2-132 - Order to appear; directions for notice and service thereof; attachment of process to petition; cause to proceed as in rem

(a)
Upon presentation of the petition, the presiding judge shall issue an order requiring the condemnor, the owner of the property or of any interest therein, and the representative of any owner to appear at a time and place named in the order and make known their objections if any, rights, or claims as to the value of the property or of their interest therein, and any other matters material to their respective rights; provided, however, that if the petition includes affidavits from known and located persons with a legal claim, stating that such condemnees do not oppose the condemnation, no hearing pursuant to this Code section shall be required.
(b)
The day named in the order shall be as early as may be convenient but shall be no less than 20 days from the date of the petition, due regard being given to the necessities of notice.
(c)
The order shall give appropriate directions for notice and the service thereof.
(d)
It shall not be necessary to attach any other process to the petition except the order referred to in subsection (a) of this Code section, and the cause shall proceed as in rem.
Amended by 2006 Ga. Laws 444,§ 15, 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 3 - PROCEEDING BEFORE COURT (§§ 22-2-130 — 22-2-142) › Section 22-2-133 - Service of process generally

All persons entitled to notice under the facts stated in the petition who are sui juris and within this state and whose residence is known shall be served by the sheriff with a copy of the petition and order as in other causes at law, unless such service is waived in writing. All other service shall be made in the method pointed out by Part 2 of Article 1 of Chapter 2 of this title, and all persons so served shall be deemed parties to the cause.
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 3 - PROCEEDING BEFORE COURT (§§ 22-2-130 — 22-2-142) › Section 22-2-134 - Discretion of judge to cause additional notice or service to be given; notification of tax collector or tax commissioner

In any cases where it seems to the presiding judge to be in the interest of justice and of more effective notice to cause additional notice or service to be given, it shall be within his discretion so to order. In such cases, the additional notice and service shall be made as ordered before the cause proceeds to final hearing. In cases where any taxes are alleged or supposed to be due or unpaid, the order shall direct that a separate notice to that effect be given the proper tax collector or tax commissioner.
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 3 - PROCEEDING BEFORE COURT (§§ 22-2-130 — 22-2-142) › Section 22-2-135 - Appointment of assessors; discretion of judge to have issues tried in first instance by jury

On the day named in the order made pursuant to Code Section
22-2-132
, or at any other time to which the hearing may be continued, the court, having first passed on and adjudged all questions touching service and notice, shall, after hearing from all persons responding and desiring to be heard, make such order as to the appointment of assessors as shall conform most nearly to Article 1 of this chapter and give all interested persons equal rights in the selection thereof. If, by reason of conflicting interests or otherwise, such equality of right cannot be preserved, the judge shall himself make such order on the subject as shall secure a fair and impartial assessment or may in his discretion order the issues tried in the first instance by a jury. In any event, it shall be within the power of the court to hear the cause as speedily as may be consistent with justice and due process of law.
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 3 - PROCEEDING BEFORE COURT (§§ 22-2-130 — 22-2-142) › Section 22-2-136 - Appeal from assessors' award

In case assessors are appointed, the same right of appeal shall lie from their award to a jury in the superior court, as is provided in Part 5 of Article 1 of this chapter and upon like terms and conditions in all respects as are therein provided.
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 3 - PROCEEDING BEFORE COURT (§§ 22-2-130 — 22-2-142) › Section 22-2-138 - Scope of award or verdict; molding of award or verdict; power of court to adjudge condemnation of title upon deposit of amount of award or verdict into court; disposition of award by court

The award or verdict, as the case may be, shall have respect either to the entire and unencumbered fee or to any separate claim against or interest in the property, as the court may order. The award or verdict may be molded under the direction of the court so as to do complete justice and avoid confusion of interests. It shall be within the power of the court, upon payment of the award or verdict into the registry of the court, to adjudge a condemnation of the title to the property or interest therein and give such direction as to the disposition of the fund as shall be proper, according to the rights of the several respondents, and to cause such pleadings to be filed and such issues to be made as shall be appropriate for an ascertainment and determination of such rights.
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 3 - PROCEEDING BEFORE COURT (§§ 22-2-130 — 22-2-142) › Section 22-2-139 - Right of interested persons to intervene; effect of subsequent proceedings on rights of condemnor

Nothing in this article which refers to any ruling or order, or time for responding thereto, shall be held or construed to exclude any person by way of default from making known his rights or claims in the property or interest or in the fund arising therefrom. Any person making any such claim may file appropriate pleadings or intervention at any time before verdict or award, and such person shall be fully heard thereon. If any person after judgment of condemnation desires to come in and be heard on any such claim, he shall be allowed to do so. After condemnation is had and the fund paid into the registry of the court, the condemnor shall not be concerned with or affected by any subsequent proceedings unless upon appeal from the verdict or award as provided in Code Section
22-2-136
.
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 3 - PROCEEDING BEFORE COURT (§§ 22-2-130 — 22-2-142) › Section 22-2-140 - Notification of court by tax collector or tax commissioner of taxes due on property or interest; actions by court to discharge lien

It shall be the duty of any tax collector or tax commissioner notified as required in Code Section
22-2-134
to make known to the court in writing the taxes due on the property or interest; and the court shall give such direction as will satisfy the tax liability and discharge the lien thereon.
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 3 - PROCEEDING BEFORE COURT (§§ 22-2-130 — 22-2-142) › Section 22-2-141 - Filing and recording of award, decree, and description of condemned property or interest or copies thereof; payment of fees to clerk of superior court

When the condemnation is fully completed, the award, whether made by assessors or by the verdict of a jury, together with the decree of the court based thereon and a full and complete description of the property or interest condemned or duly certified copies of such award, decree, and description, shall be filed and recorded in the records of deeds in the office of the clerk of the superior court of the county where the land so condemned lies. If the land lies in more than one county, such filing and recording shall be made in each county in which the land lies. The clerk shall be entitled to the same fees for such filing and recording as are allowed by law for the filing and recording of deeds, said fees to be paid by the party in whose favor said condemnation is had.
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 3 - PROCEEDING BEFORE COURT (§§ 22-2-130 — 22-2-142) › Section 22-2-142 - Intent of article regarding effect on other methods of condemnation

This article is intended to be supplementary to and cumulative of Articles 1 and 2 of this chapter in cases in which the State of Georgia, the United States, or any person having the privilege of exercising the right of eminent domain is concerned. This article is also intended to make simpler and more effective the method of condemnation in those cases where conflicting interests or doubtful questions render a judicial supervision of the procedure desirable. In all particulars not otherwise specially provided for in this article, the court shall conform its procedure as nearly as possible to Articles 1 and 2 of this chapter, and the same shall remain in force.
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 1 - CONSTRUCTION, MAINTENANCE, ETC., OF TELEGRAPH AND TELEPHONE LINES ALONG RAILROAD RIGHTS OF WAY (§§ 22-3-1 — 22-3-4) › Section 22-3-1 - Direction and contents of notice of condemnation

When a telegraph or telephone company undertakes to condemn so much of the right of way of a railroad company as may be necessary for the purpose of constructing, maintaining, and operating its telegraph or telephone lines along and upon such right of way, the notice of condemnation provided for in Code Section
22-2-26
shall be directed to the railroad company and shall:
(1)
Set out the manner in which the telegraph or telephone company proposes to construct its lines on the right of way of the railroad company;
(2)
Fix the time when the hearing shall be had;
(3)
Give the name of the assessor selected by the telegraph or telephone company; and
(4)
Request the railroad company to select an assessor.
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 1 - CONSTRUCTION, MAINTENANCE, ETC., OF TELEGRAPH AND TELEPHONE LINES ALONG RAILROAD RIGHTS OF WAY (§§ 22-3-1 — 22-3-4) › Section 22-3-2 - Manner of service of notice

Notice of condemnation shall be served upon the railroad company in the manner provided for the service of other actions upon railroad companies. It shall not be necessary to serve such notice upon any person or corporation other than the railroad company in possession of and operating the railroad whose right of way is sought to be condemned by the telegraph or telephone company for its use; and only the interest of such railroad company so served shall be affected by the proceedings.
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 1 - CONSTRUCTION, MAINTENANCE, ETC., OF TELEGRAPH AND TELEPHONE LINES ALONG RAILROAD RIGHTS OF WAY (§§ 22-3-1 — 22-3-4) › Section 22-3-3 - Necessity for only one proceeding; location of proceedings; form of assessors' findings

There need be but one condemnation proceeding against the same railroad company, which proceeding may be conducted in any county where service can be made upon the company as provided in Code Section
22-3-2
. However, if the railroad company has a main or principal office located in this state, the proceeding shall be conducted in the county in which the main or principal office is located. The assessors shall make their findings of the damages to which the railroad company may be entitled by reason of the construction, maintenance, and operation of the telegraph or telephone lines in the manner set out in the notice.
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 1 - CONSTRUCTION, MAINTENANCE, ETC., OF TELEGRAPH AND TELEPHONE LINES ALONG RAILROAD RIGHTS OF WAY (§§ 22-3-1 — 22-3-4) › Section 22-3-4 - Location of hearing before assessors; evidence upon which findings may be based

The hearing may be conducted in the office of the judge of the probate court of the county in which the condemnation proceedings are had or at such other place as the assessors may fix. In assessing the damages to the railroad company, the assessors need not go upon or inspect the premises sought to be condemned, but they shall make their findings upon the testimony heard by them.
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 2 - CONSTRUCTION AND OPERATION OF ELECTRIC POWER PLANTS (§§ 22-3-20 — 22-3-47) › Part 1 - GENERAL PROVISIONS (§§ 22-3-20 — 22-3-22) › Section 22-3-20 - Power of persons operating or constructing electric plants to purchase, lease, or condemn rights of way and easements

Any person operating or constructing or preparing to construct a plant for generating electricity shall have the right to purchase, lease, or condemn rights of way or other easements over the lands of others in order to run power lines, maintain dams, flow backwater, or carry on other activities necessary for constructing and operating such a plant, provided that the person first pays just compensation to the owner of the land to be affected.
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 2 - CONSTRUCTION AND OPERATION OF ELECTRIC POWER PLANTS (§§ 22-3-20 — 22-3-47) › Part 1 - GENERAL PROVISIONS (§§ 22-3-20 — 22-3-22) › Section 22-3-21 - Payment of compensation or damages

In fixing the compensation or damage for both actual and consequential damages, either or both shall be paid by the persons seeking to condemn property as provided in this article.
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 2 - CONSTRUCTION AND OPERATION OF ELECTRIC POWER PLANTS (§§ 22-3-20 — 22-3-47) › Part 1 - GENERAL PROVISIONS (§§ 22-3-20 — 22-3-22) › Section 22-3-22 - Condemnation of mills, factories, and dams

Any person seeking to exercise the power of eminent domain under Code Section
22-3-20
shall have the right and authority to acquire by condemnation any mill, factory, dam, or other property or interest connected with same, except cotton mills or factories or any plant engaged in furnishing electric power to the public.
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 2 - CONSTRUCTION AND OPERATION OF ELECTRIC POWER PLANTS (§§ 22-3-20 — 22-3-47) › Part 2 - ACQUISITION OF RIGHT TO FLOOD ROADS AND HIGHWAYS (§§ 22-3-40 — 22-3-47) › Section 22-3-40 - "Public road" and "public highway" defined

As used in this part, the term "public road" or "public highway" means not only roads and highways proper but bridges, culverts, and appurtenances as well.
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 2 - CONSTRUCTION AND OPERATION OF ELECTRIC POWER PLANTS (§§ 22-3-20 — 22-3-47) › Part 2 - ACQUISITION OF RIGHT TO FLOOD ROADS AND HIGHWAYS (§§ 22-3-40 — 22-3-47) › Section 22-3-41 - Power to acquire right to flood roads and highways

Any person referred to in Code Section
22-3-20
shall have the right and authority to acquire by purchase or condemnation the right to flood private roads or highways. Any such person shall also have the right to acquire by condemnation the right to flood public roads or highways by paying to the state or county authorities having jurisdiction over the same the cost of locating, laying out, constructing, and opening other public roads or highways to replace the public roads or highways flooded or intended to be flooded and also by paying to the state and county authorities any other damages that may be the natural and probable consequence of such 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 2 - CONSTRUCTION AND OPERATION OF ELECTRIC POWER PLANTS (§§ 22-3-20 — 22-3-47) › Part 2 - ACQUISITION OF RIGHT TO FLOOD ROADS AND HIGHWAYS (§§ 22-3-40 — 22-3-47) › Section 22-3-42 - Notice of intention to condemn

If a public road or highway for which condemnation is sought is a part of the state highway system or if jurisdiction or control of the road or highway has been taken over or assumed by the State Transportation Board or other state authority, the notice of intention to condemn shall be addressed to and served upon the commissioner of transportation. If the road or highway is under the supervision or control of county authorities, the notice of intention to condemn shall be addressed to and served upon the judge of the probate court or upon any county commissioner or such other officer as is by law vested with jurisdiction over and control of the public roads of the county in which the road to be condemned is located.
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 2 - CONSTRUCTION AND OPERATION OF ELECTRIC POWER PLANTS (§§ 22-3-20 — 22-3-47) › Part 2 - ACQUISITION OF RIGHT TO FLOOD ROADS AND HIGHWAYS (§§ 22-3-40 — 22-3-47) › Section 22-3-43 - Condemnation procedure; authorization of officers to act for state or county

The procedure in the condemnation of public roads and highways shall be the same as provided by Chapter 2 of this title insofar as the procedures described in that chapter are not in conflict with this part. The public officer or officers to be notified and served as provided in Code Section
22-3-42
shall act for and in behalf of the state or county, as the case may be, in the appointment of an assessor and in all other respects as provided in Chapter 2 of this title with respect to the owner of the property or interest sought to be condemned.
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 2 - CONSTRUCTION AND OPERATION OF ELECTRIC POWER PLANTS (§§ 22-3-20 — 22-3-47) › Part 2 - ACQUISITION OF RIGHT TO FLOOD ROADS AND HIGHWAYS (§§ 22-3-40 — 22-3-47) › Section 22-3-44 - Appeal to superior court

Within 30 days after the award of condemnation is made pursuant to Part 4 of Article 1 of Chapter 2 of this title or pursuant to Article 2 of Chapter 2 of this title, any party may appeal to the superior court of the county in which the public roads or highways lie by filing a petition for review with the superior court. The trial on such an appeal shall be de novo. The proceedings on the petition for review shall be governed by Chapter 3 of Title 5.
Amended by 2022 Ga. Laws 875,§ 2-15, eff. 7/1/2023, app. to petitions for review filed in superior or state court on or after such date.
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 2 - CONSTRUCTION AND OPERATION OF ELECTRIC POWER PLANTS (§§ 22-3-20 — 22-3-47) › Part 2 - ACQUISITION OF RIGHT TO FLOOD ROADS AND HIGHWAYS (§§ 22-3-40 — 22-3-47) › Section 22-3-45 - Rights of condemnor pending appeal

Upon the condemnor's paying the sum fixed by the assessor's award to the state or county authorities together with the cost of proceedings pending an appeal pursuant to Code Section
22-3-44
and upon the execution of a bond in double the amount of the award so fixed, with good and sufficient surety to pay the eventual condemnation award, the condemnor shall be entitled to flood the public roads or highways which are made the subject of the proceedings, provided that such right shall not vest absolutely in the condemnor until the final determination of the case and the payment or deposit in court of the final condemnation award.
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 2 - CONSTRUCTION AND OPERATION OF ELECTRIC POWER PLANTS (§§ 22-3-20 — 22-3-47) › Part 2 - ACQUISITION OF RIGHT TO FLOOD ROADS AND HIGHWAYS (§§ 22-3-40 — 22-3-47) › Section 22-3-46 - Restrictions on use of condemned road or highway by condemnor

Before any public road or highway condemned under this part may be used by the condemnor, any new road or highway to be constructed pursuant to Code Section
22-3-41
, including any and all bridges and culverts that may be necessary as a part thereof, shall be laid out, constructed, and made ready for public use by the condemnor. All of this new construction shall first be approved by the authorities having control of the condemned road or highway.
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 2 - CONSTRUCTION AND OPERATION OF ELECTRIC POWER PLANTS (§§ 22-3-20 — 22-3-47) › Part 2 - ACQUISITION OF RIGHT TO FLOOD ROADS AND HIGHWAYS (§§ 22-3-40 — 22-3-47) › Section 22-3-47 - Effect of part on rights of action of property owners and public utilities

This part shall not be construed as taking away or in any way prejudicing any right of action possessed by a property owner or a public utility for damages to property caused by the closing of any public road or highway under this part.
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 3 - CONSTRUCTION AND OPERATION OF WATERWORKS AND SANITARY SEWAGE SYSTEMS (§§ 22-3-60 — 22-3-63) › Section 22-3-60 - Authority to lease, purchase, or condemn property or receive donations for waterworks and sewage systems

Any nongovernmental entity constructing, owning, or operating any waterworks or sanitary sewerage system, or both, in this state shall have the right, power, privilege, and authority to lease, purchase, or condemn property or any interest therein, including easements, or to receive donations or grants of property or any interest therein, including easements, for the purpose of constructing and operating a waterworks, a water distribution system, a sewerage collection system, or a sewage treatment and disposal system, or any combination of such systems or facilities; provided, however, that prior to condemning property in any political subdivision, any such entity shall first obtain the consent of the governing authority of such political subdivision after the requirements of Code Section
22-1-10
have been satisfied. Consent shall be granted by resolution or ordinance.
Amended by 2006 Ga. Laws 444,§ 16, eff. 4/4/2006.
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 3 - CONSTRUCTION AND OPERATION OF WATERWORKS AND SANITARY SEWAGE SYSTEMS (§§ 22-3-60 — 22-3-63) › Section 22-3-61 - Condemnation procedure

If a person seeking to exercise the power of eminent domain under this article fails to procure, by contract, title to the land necessary or proper for the construction and successful operation of a waterworks or sanitary sewerage system, or both, and the parties cannot agree upon the damage done, the same shall be assessed as provided in Chapter 2 of this title.
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 3 - CONSTRUCTION AND OPERATION OF WATERWORKS AND SANITARY SEWAGE SYSTEMS (§§ 22-3-60 — 22-3-63) › Section 22-3-62 - Applicability of article

The powers granted by this article shall apply to those persons who have entered into a contract with the proper authorities for supplying water for public purposes and to such persons providing water or sanitary sewerage services through water or sanitary sewerage systems, or both, which have been permitted by the Environmental Protection Division of the Department of Natural Resources.
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 3 - CONSTRUCTION AND OPERATION OF WATERWORKS AND SANITARY SEWAGE SYSTEMS (§§ 22-3-60 — 22-3-63) › Section 22-3-63 - Authority to condemn property for purpose of constructing a waterworks, water distribution system, sewage collection system, or sewage treatment and disposal system

Any other provision of law to the contrary notwithstanding, any nongovernmental entity which:
(1)
Is privately owned and is operated under the collective management and control of the owners;
(2)
Was in the business of providing water supply and sewerage collection and disposal prior to July 1, 1978;
(3)
Has continuously owned a sanitary sewerage system since July 1, 1978, permitted by the Environmental Protection Division of the Department of Natural Resources; and
(4)
On May 1, 2000, owns and operates one or more sewerage collection treatment and disposal systems serving 1,000 or more customers
shall have the authority to condemn property or any interest therein, including easements, for the purpose of constructing and operating a waterworks, a water distribution system, a sewerage collection system, or a sewage treatment and disposal system, or any combination of such systems or facilities; provided, however, that such authority shall obtain the consent of the governing authority of the county or municipality that controls the land sought to be condemned in accordance with Code Section
22-3-60
. The authority granted by this Code section shall extend only to such counties and those counties immediately adjacent to such counties in which such entity owned or operated such waterworks or systems or combination as of January 1, 2000; and provided, further, that the authority provided for in this Code section shall terminate with respect to any entity if any interest in such business is transferred to another person or entity except through inheritance.
Amended by 2006 Ga. Laws 444,§ 16, eff. 4/4/2006.
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 22-3-80 - Definitions

As used in this article, the term:
(1)
"Existing petroleum pipeline" shall have the same meaning as set forth in Code Section
12-17-1
.
(2)
"Expansion" shall have the same meaning as set forth in Code Section
12-17-1
.
(3)
"Extension" shall have the same meaning as set forth in Code Section
12-17-1
.
(4)
"Maintenance" shall have the same meaning as set forth in Code Section
12-17-1
.
(5)
"New petroleum pipeline" shall have the same meaning as set forth in Code Section
12-17-1
.
(6)
"Parallel petroleum pipeline" shall have the same meaning as set forth in Code Section
12-17-1
.
(7)
"Petroleum pipeline" shall have the same meaning as set forth in Code Section
12-17-1
.
(8)
"Petroleum pipeline company" shall have the same meaning as set forth in Code Section
12-17-1
.
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 22-3-81 - Right to acquire property or property interests by eminent domain

Subject to the provisions, conditions, and restrictions of this article, petroleum pipeline companies are granted the power to acquire property or interests in property by eminent domain for the purpose of an expansion, an extension, maintenance, or construction of a new petroleum pipeline.
Added by 2017 Ga. Laws 263,§ 2, eff. 5/9/2017.