The tender, payment, or acceptance of the award shall not prevent either party from prosecuting the appeal. If the amount awarded by the assessors is less than that found by the final judgment, the person seeking condemnation shall be bound to pay the sum so finally adjudged in order to retain the property or interest. If the amount of the final judgment is less than that awarded by the assessors, the owner shall be bound to refund any excess paid to or received by him; and a judgment for such excess shall be rendered against him to be collected by levy as in other cases.
(Ga. L. 1894, p. 95, § 24; Civil Code 1895, § 4680; Civil Code 1910, § 5230; Code 1933, § 36-603.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 4 Am. Jur. 2d, Appellate Review, § 75 et seq.
C.J.S.- 29A C.J.S., Eminent Domain, § 613.
ALR.
- Right of court to reduce or increase award in condemnation and confirm it as reduced or increased, 61 A.L.R. 194.
Condemnor's right, as against condemnee, to interest on excessive money deposited in court or paid to condemnee, 99 A.L.R.2d 886.
Eminent domain: payment or deposit of award in court as affecting condemnor's right to appeal, 40 A.L.R.3d 203.