§ 22-2-107. Service of Process; Award by Special Master and Judgment of Court Conclusive as to Right of Condemnor to Take or Damage Property or Interest
Copies of the petition, together with the order of the court provided for in Code Section 22-2-102, shall in all cases be served upon the person in possession of the property or interest sought to be condemned and upon all persons who are known to have any rights in such property or interest. The return […]
§ 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 […]
§ 22-2-108.1. Special Master Panel; Selection; Notice; Powers and Duties
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 […]
§ 22-2-109. Factors to Be Considered in Determining or Estimating Just and Adequate Compensation; Determination of Date of Taking; Inclusion of Date of Approval of Original Location of Highway in Petition for Condemnation; Newspaper Advertisement
In determining or estimating just and adequate compensation to be paid to the owner of any property or interest condemned for public road and street purposes, neither the special master nor the special master panel, in the event such a panel exists, nor the jury, in the event of an appeal to a jury, shall […]
§ 22-2-110. Award of Special Master and Special Master Panel; Time of Filing; Award to Become Part of Record of Proceedings; Vesting of Title in Condemnor Upon Deposit of Award Into Court; Form of Award; Use in Subsequent Appeal
The award of the special master or the special master panel, in the event such a panel exists, shall be served in a manner consistent with Code Section 9-11-5 upon all the parties and filed with the clerk of the superior court of the county where the property or interest is situated within three days […]
§ 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 […]
§ 22-2-112. Appeal of Award Generally; Condemnee’s Right to Jury Trial on Issue of Just and Adequate Compensation
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 […]
§ 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
The tender, payment, or acceptance of the amount of the award shall not prevent any party from prosecuting the appeal. 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. If the […]
§ 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 […]
§ 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 […]