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 the use of the condemnor upon the condemnor's paying into the registry of the court the amount provided in the award.
(Ga. L. 1957, p. 387, § 13; Ga. L. 1998, p. 1539, § 6.)
Law reviews.- For survey article on zoning and land use law, see 59 Mercer L. Rev. 493 (2007). For survey article on local government law, see 67 Mercer L. Rev. 147 (2015).
JUDICIAL DECISIONS
This section does not violate state constitutional prerequisite that just and adequate compensation shall first be paid before private property is taken for public use, since the method of determining what is just and adequate compensation is a matter of legislative discretion, and the method prescribed herein fully and adequately protects that constitutional right. Anthony v. State Hwy. Dep't, 215 Ga. 853, 113 S.E.2d 768 (1960).
Time of taking is spelled out in this section. Johnson v. Fulton County, 103 Ga. App. 873, 121 S.E.2d 54 (1961).
No property taken until payment of award.
- No property is taken under the special master procedure until the payment of the award into the registry of the court is made. Arnold v. State Hwy. Dep't, 116 Ga. App. 201, 156 S.E.2d 469 (1967).
It was error to hold that the date of taking property to acquire an easement for electrical transmission and distribution lines was the date of filing of the original condemnation petition; because the property was not being condemned for public street and road purposes, the date of taking was not governed by O.C.G.A. § 22-2-109, but by O.C.G.A. §§ 22-2-110 and22-2-111, and thus the date of taking was when the amount provided in the award was paid into the trial court's registry. Orr v. Ga. Transmission Corp., 281 Ga. 754, 642 S.E.2d 809 (2007).
Payment of award not condition precedent to condemnor's appeal.
- A condemnor is not required to pay the award of the special master into the registry of the court within ten days after the filing of the award, or at the time of, or prior to the filing of the appeal as a condition precedent to its right of appeal. Arnold v. State Hwy. Dep't, 116 Ga. App. 201, 156 S.E.2d 469 (1967).
Exceptions to special master's rulings on nonvalue issues must be made prior to judgment authorized by this section. Sweat v. Georgia Power Co., 235 Ga. 281, 219 S.E.2d 384 (1975); Earth Mgt., Inc. v. Heard County, 248 Ga. 442, 283 S.E.2d 455 (1981); Wisenbaker v. Lowndes County, 175 Ga. App. 825, 335 S.E.2d 1 (1985).
Exceptions to amended award.
- O.C.G.A. § 22-2-112 does not set forth any exception to the ten-day period for appeal, and the right to file extended to exceptions taken to an amended award not substantively changing an original award. Stafford v. Bryan County Bd. of Educ., 267 Ga. 274, 476 S.E.2d 727 (1996).
Amendments not allowed after entry of judgment.
- Once a condemnation judgment has been entered vesting title in the condemnor, amendments increasing or decreasing the amount or quantum of property taken cannot be allowed. Zuber Lumber Co. v. City of Atlanta, 237 Ga. 358, 227 S.E.2d 362 (1976).
Upon payment of an award into the court and the entry of the judgment of condemnation, title to the property vested in the county under O.C.G.A. § 22-2-112, and since an amendment to alter the quantum of the property taken is not permissible after title vests, the county could not correct the county's mistake that caused the county to condemn the wrong property either by amendment or by dismissing the county's petition. Gatefield Corp. v. Gwinnett County, 234 Ga. App. 621, 507 S.E.2d 164 (1998).
Title vests upon entry of condemnation judgment.
- Because title to an owner's property vested in a city upon the entry of a condemnation judgment and the payment of the award to the owner in accordance with O.C.G.A. §§ 22-2-110(b) and22-2-111, the city was without authority to unilaterally dismiss the condemnation action and demand return of the previously paid award. Gramm v. City of Stockbridge, 297 Ga. App. 165, 676 S.E.2d 818 (2009).
Cited in Wiggins v. City of Macon, 120 Ga. App. 197, 169 S.E.2d 667 (1969); Taylor v. Taylor County, 231 Ga. 209, 200 S.E.2d 887 (1973); City of Savannah Beach v. Thompson, 135 Ga. App. 63, 217 S.E.2d 304 (1975).