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.
(Ga. L. 1957, p. 387, § 11; Ga. L. 1973, p. 479, § 1; Ga. L. 1998, p. 1539, § 3.)
Law reviews.- For review of 1998 legislation relating to eminent domain, see 15 Ga. St. U.L. Rev. 115 (1998).
JUDICIAL DECISIONS
Procedure satisfies due process.
- Ga. L. 1957, p. 387, § 5 (see O.C.G.A. § 22-2-102) supplemented by Ga. L. 1957, p. 387, §§ 10 and 11 (see O.C.G.A. §§ 22-2-107 and22-2-108) provides reasonable notice and opportunity for a condemnee to be heard and therefore satisfies the constitutional provisions as to due process. Kellett v. Fulton County, 215 Ga. 551, 111 S.E.2d 364 (1959).
Condemnee bound by decision to use special master.
- Having chosen and agreed to use the special master proceeding, a condemnee is bound by the applicable law regarding the special master's proceeding. Metropolitan Atlanta Rapid Transit Auth. v. Central Parking Sys., 167 Ga. App. 649, 307 S.E.2d 93 (1983).
Duty of special master.
- The primary duty of the special master is to ascertain the value of the property sought to be condemned and the consequential damages or benefits, if any, with the authority to hear and determine any legal objections raised by the parties. Leach v. Georgia Power Co., 228 Ga. 16, 183 S.E.2d 755 (1971); Ward v. Housing Auth., 157 Ga. App. 825, 278 S.E.2d 715 (1981).
The primary duty of the special master is to ascertain the total amount in money that will be equivalent to "just and adequate compensation" for the property and the interests in property being taken by the condemnor. Zuber Lumber Co. v. City of Atlanta, 237 Ga. 358, 227 S.E.2d 362 (1976).
Issues to be resolved by special master.
- All issues as to the right of the condemnor to condemn, the interest to be condemned, the nature of the interest taken, and the effect of the condemnation upon the respective rights of the parties are to be resolved by the special master. State Hwy. Dep't v. Thomas, 115 Ga. App. 372, 154 S.E.2d 812 (1967).
Legal objections raised by parties may include, for example, the right of the condemnor to condemn, the interest to be condemned, the nature of the interest taken and the effect of the condemnation upon the respective rights of the parties. Ward v. Housing Auth., 157 Ga. App. 825, 278 S.E.2d 715 (1981).
Exceptions to findings of special master required for review.
- When legal objections or issues are raised before and passed upon by the special master, to obtain a review in the pending condemnation case exceptions must be taken to the orders of the special master. Leach v. Georgia Power Co., 228 Ga. 16, 183 S.E.2d 755 (1975).
When legal objections are raised before and passed upon by the special master, to obtain review of these objections exceptions must be taken to the master's findings prior to the superior court's entry of an order and judgment condemning the property. Ward v. Housing Auth., 157 Ga. App. 825, 278 S.E.2d 715 (1981).
When no exceptions are taken to master's finding and it is made judgment of court, it is final until set aside or reversed in a manner provided by law. State Hwy. Dep't v. Thomas, 115 Ga. App. 372, 154 S.E.2d 812 (1967); Ward v. Housing Auth., 157 Ga. App. 825, 278 S.E.2d 715 (1981).
Statutory construction when procedural provisions incomplete.
- When wording is taken from a prior statute, or when Ga. L. 1957, p. 387, § 1 et seq. fails to be complete within itself, then reference to provisions for proceedings before assessors is permitted to fill in the void. Johnson v. Fulton County, 103 Ga. App. 873, 121 S.E.2d 54 (1961).
Condemnee is not required to litigate tort claim as part of condemnation proceeding when special master was not empowered to hear such claim. Georgia Power Co. v. Johnson, 155 Ga. App. 862, 274 S.E.2d 17 (1980).
Continuance.
- O.C.G.A. § 22-2-108 mandates that no continuance be granted in excess of five days and does not denominate one rule for condemnors and another rule for condemnees, so when the condemnor failed to abide by the clear language of the statutory method the condemnor elected to follow, and the record was clear that condemnees at no time acquiesced in or waived strict compliance with § 22-2-108, the trial court erred by not declaring the hearing of the special master void for violation of § 22-2-108. Wrege v. Cobb County, 186 Ga. App. 512, 367 S.E.2d 817, cert. denied, 186 Ga. App. 919, 367 S.E.2d 817 (1988).
The language in O.C.G.A. § 22-2-108 restricting the duration of continuances benefits the condemning authority by expediting the condemnation process. Wrege v. Cobb County, 186 Ga. App. 512, 367 S.E.2d 817, cert. denied, 186 Ga. App. 919, 367 S.E.2d 817 (1988).
Cited in Nodvin v. Georgia Power Co., 125 Ga. App. 821, 189 S.E.2d 118 (1972); Atlanta Whses., Inc. v. Housing Auth., 143 Ga. App. 588, 239 S.E.2d 387 (1977); Hendley v. Housing Auth., 160 Ga. App. 221, 286 S.E.2d 463 (1981); Ga. Transmission Corp. v. Barron, 255 Ga. App. 645, 566 S.E.2d 363 (2002).
OPINIONS OF THE ATTORNEY GENERALIt is responsibility of special master to establish value of property condemned, and nothing more; the special master's duty is to assess the value of the property taken or damaged, and also to assess the consequential damages and benefits to the property not taken. 1969 Op. Att'y Gen. No. 69-494.
Payment of city or county taxes is not proper element of damages in condemnation case. 1969 Op. Att'y Gen. No. 69-494.
Responsibility for payment of taxes on condemned property.- The payment of property taxes is a responsibility of the landowner only so long as the landowner, in fact, owns the property. The property owner or condemnee would be responsible for payment of taxes up to the date of taking; after that time, the responsibility for the payment of these taxes would lie upon the condemning body, if in fact that body is an entity which would have the responsibility for payment of these taxes. 1969 Op. Att'y Gen. No. 69-494.
RESEARCH REFERENCES
C.J.S.
- 29A C.J.S., Eminent Domain, § 389 et seq.
ALR.- Right to intervene in court review of zoning proceeding, 46 A.L.R.2d 1059.
Right of adjoining landowners to intervene in condemnation proceedings on ground that they might suffer consequential damage, 61 A.L.R.2d 1292.
Power of successor or substituted master or referee to render decision or enter judgment on testimony heard by predecessor, 70 A.L.R.3d 1079.