§ 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 […]
§ 22-1-3. Power of General Assembly to Determine When Right of Eminent Domain May Be Exercised; Duty of Courts as to Laws Authorizing the Condemnation of Private Property for Private Uses
It is the province of the General Assembly to determine when the right of eminent domain may be exercised. If, however, under pretext of such necessity the General Assembly should pass a law authorizing the taking of property for private use rather than for public use, the courts should declare the law inoperative. History. Orig. […]
§ 22-1-4. Manner in Which General Assembly May Exercise Right of Eminent Domain
The General Assembly may exercise the right of eminent domain directly through the officers of the state, through the medium of corporate bodies, or by means of individual enterprise. History. Orig. Code 1863, § 2203; Code 1868, § 2198; Code 1873, § 2224; Code 1882, § 2224; Civil Code 1895, § 3054; Civil Code 1910, […]
§ 22-1-5. Requirement of Just Compensation as a Limitation on Exercise of Power of Eminent Domain
Except in cases of extreme necessity and great urgency, the right of eminent domain cannot be exercised without first providing for just compensation to the owner for the interference with his exclusive rights. History. Orig. Code 1863, § 2204; Code 1868, § 2199; Code 1873, § 2225; Code 1882, § 2225; Civil Code 1895, § […]
§ 22-1-6. Right of Persons to Take or Damage Private Property Upon Payment of Just and Adequate Compensation
If a person who is authorized to exercise the power of eminent domain cannot by contract procure the property or the easement, right of way, waterway, franchise, or other interest sought to be condemned, the person may take or damage the property or interest upon paying or tendering to the owner thereof just and adequate […]
§ 22-1-7. Effect of Failure to Agree on Compensation
If the parties cannot agree upon the compensation to be paid, the same shall be assessed and determined as provided in Article 1 of Chapter 2 of this title. History. Ga. L. 1894, p. 95, § 3; Civil Code 1895, § 4659; Civil Code 1910, § 5208; Code 1933, § 36-303.