§ 22-1-8. Exclusive Nature of Title
All persons authorized to take or damage private property for public purposes shall proceed as set forth in this title. History. Ga. L. 1894, p. 95, § 1; Civil Code 1895, § 4657; Civil Code 1910, § 5206; Code 1933, § 36-301.
§ 22-1-9. Policies and Practices Guiding Exercise of Eminent Domain
In order to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion in the courts, to assure consistent treatment for property owners, and to promote public confidence in land acquisition practices, all condemnations and potential condemnations shall, to the greatest extent practicable, be guided by the […]
§ 22-1-10. Duties of Condemnor Prior to Exercise of Eminent Domain; Rights of Condemnee; Exceptions
Prior to exercising the power of eminent domain, a governmental condemnor shall: Not less than 15 days before any meeting at which a resolution approving the exercise of eminent domain is to be considered, post a sign, if possible, in the right of way adjacent to each property that is subject to the proposed use […]
§ 22-1-10.1. Time for Bringing Condemnation Action; Exceptions
Except as provided in subsections (b) and (c) of this Code section, no action for condemnation may be brought in any court of this state until at least 30 days after the date of the resolution or documented approval described in Code Section 22-1-10. If an emergency condition exists requiring the acquisition of property for […]
§ 22-1-11. Determination of Authority to Exercise Public Domain
Before the vesting of title in the condemnor and upon motion of the condemnee, or within ten days of the entry of the special master’s award by entry of exception to the case, the court shall determine whether the exercise of the power of eminent domain is for a public use and whether the condemning […]
§ 22-1-12. Reimbursement to Property Owner of Reasonable Costs and Expenses Associated With Condemnation Proceedings
In all actions where a condemning authority exercises the power of eminent domain, the court having jurisdiction of a proceeding instituted by a condemnor to acquire real property by condemnation shall award the owner of any right or title to or interest in such real property such sum as will in the opinion of the […]
§ 22-1-13. Compensation to Condemnee for Relocation Damages and Expenses
In addition to the types of relocation damages permissible under law, any condemnee that is displaced as a result of the condemnation shall be entitled to: Actual reasonable expenses in moving himself or herself, his or her family, business, farm operation, or other personal property within a reasonable distance from the property condemned; Actual direct […]
§ 22-1-14. Valuation of Condemned Property
When property is condemned under this title or any other title of this Code, the value of the condemned property may be determined through lay or expert testimony and its admissibility shall be addressed to the sound discretion of the court. If any party to a condemnation proceeding seeks to introduce expert testimony as to […]
§ 22-1-15. Process for Condemnor to Condemn Property for Public Use; Requirements; Service
As used in this Code section, the term: “Condemnor” means a county, municipality, or consolidated government of this state. “Economic development” means any economic activity to increase tax revenue, tax base, or employment or improve general economic health, when the activity does not result in: Transfer of land to public ownership; Transfer of property to […]
§ 22-1-2. Nature of Right of Eminent Domain; Property to Be Put to Public Use
The right of eminent domain is the right of this state, through its regular organization, to reassert, either temporarily or permanently, its dominion over any portion of the soil of this state on account of public exigency and for the public good. Thus, in time of war or insurrection the proper authorities may possess and […]