As used in this title, the term: “Blighted property,” “blighted,” or “blight” means any urbanized or developed property which: Presents two or more of the following conditions: Uninhabitable, unsafe, or abandoned structures; Inadequate provisions for ventilation, light, air, or sanitation; An imminent harm to life or other property caused by fire, flood, hurricane, tornado, earthquake, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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. […]
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, […]
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, § […]
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 […]
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.
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.
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 […]
