Within ten days after the award is made, it shall be filed and recorded in the office of the clerk of the superior court of the county where the property or interest is situated.
(Ga. L. 1894, p. 95, § 21; Civil Code 1895, § 4677; Civil Code 1910, § 5227; Code 1933, § 36-508.)
RESEARCH REFERENCES
C.J.S.
- 29A C.J.S., Eminent Domain, § 512 et seq.
ALR.- Referee's failure to file report within time specified by statute, court order, or stipulation as terminating reference, 71 A.L.R.4th 889.
PART 5 APPEALS AND FINAL JUDGMENT
JUDICIAL DECISIONS
This chapter concerns appeals from several different forms of condemnation proceedings and is necessarily general in its language. DeKalb County v. Jackson-Atlantic Co., 123 Ga. App. 695, 182 S.E.2d 160 (1971).
Burden of proving value of land and consequential damages on condemnor.
- The burden of proof to show the value of the land taken and the consequential damages to the remaining property, if any, is on the condemnor. State Hwy. Dep't v. Smith, 111 Ga. App. 292, 141 S.E.2d 590 (1965).
Condemnor chooses its method of procedure, and it is bound by the provisions of law following its own election. The property owner is also bound, although the owner did not choose the method of procedure. Johnson v. Fulton County, 103 Ga. App. 873, 121 S.E.2d 54 (1961).
Award of assessors is condition precedent to condemnor's appeal.
- An award of compensation by assessors, filed as required by law, is a taking of private property for public use and payment must be made as a condition precedent to the condemnor's right to prosecute an appeal. Arnold v. State Hwy. Dep't, 116 Ga. App. 201, 156 S.E.2d 469 (1967).
Compensation the sole issue for jury on appeal.
- In condemnation cases, the sole question for the consideration of the jury, upon an appeal from an award of the assessors or from an award of a special master, is the amount of compensation to be paid to the condemnee for the property taken under the condemnation proceeding and the amount of damages to the remaining property of the condemnee, if any. State Hwy. Dep't v. Smith, 111 Ga. App. 292, 141 S.E.2d 590 (1965).
Motion to dismiss appeal in condemnation proceedings under Art. 3 of this chapter, which is regulated by this part, falls in a different category from an oral motion to strike pleadings, amendments, or answers, since the motion to dismiss the appeal raises issues of fact. Murray v. State Hwy. Dep't, 103 Ga. App. 517, 120 S.E.2d 48 (1961).
Ruling on oral motion to strike motion to dismiss.
- Trial court, in passing upon an oral motion to strike and dismiss the motion to dismiss an appeal in condemnation proceedings, can consider the evidence. Murray v. State Hwy. Dep't, 103 Ga. App. 517, 120 S.E.2d 48 (1961).
Contesting validity of condemnation proceedings.
- When a property owner participates in proceedings but refuses to take the award of the assessors, and when the property owner acted promptly after the award of the assessors was made by filing a petition in equity, alleging that the condemnor was proceeding illegally and had no right to condemn, and sought to enjoin the entering upon or taking possession of the property, the property owner is not estopped from contesting the validity of the condemnation proceedings. Johnston v. Clayton County Water Auth., 222 Ga. 39, 148 S.E.2d 417 (1966).
Cited in United States v. A Certain Tract or Parcel of Land, 47 F. Supp. 30 (S.D. Ga. 1942); State Hwy. Dep't v. Hendrix, 215 Ga. 821, 113 S.E.2d 761 (1960); Russell v. Venable, 216 Ga. 137, 115 S.E.2d 103 (1960); Harwell v. Georgia Power Co., 154 Ga. App. 142, 267 S.E.2d 769 (1980).
OPINIONS OF THE ATTORNEY GENERALDate of taking is date of special master's or assessor's award. 1970 Op. Att'y Gen. No. 70-116.
Appraisal to be updated to date of hearing before special master.- When condemnation is necessary, the appraiser should be instructed to update the appraisal to the date of the hearing before the special master; this appraisal should contemplate that the amount of the award will be paid into court by the condemnor within ten days of such hearing by the special master, and this is the amount that the appraiser should be prepared to testify to if and when there is an appeal of the matter to a jury in the superior court by either party thereto. 1970 Op. Att'y Gen. No. 70-116.
RESEARCH REFERENCES
ALR.
- Condemnor's waiver, surrender, or limitation, after award, of rights or part of property acquired by condemnation, 5 A.L.R.2d 724.
Spur track and the like as constituting a use for which railroad can validly exercise right of eminent domain, 35 A.L.R.2d 1326.
Liability for costs on appeal relating to amount of condemnation award, 50 A.L.R.2d 1386.
Right of adjoining landowners to intervene in condemnation proceedings on ground that they might suffer consequential damage, 61 A.L.R.2d 1292.
Right to open and close argument in trial of condemnation proceedings, 73 A.L.R.2d 613.
Liability, upon abandonment of eminent domain proceedings, for loss or expenses incurred by property owner, or for interest on award or judgment, 92 A.L.R.2d 346.