In all cases, the clerk shall enter the notice and award thereon upon the minutes of the court, and the condemnor shall pay:
The condemnee shall pay the assessors' costs as provided in Code Section 22-2-40.
(Ga. L. 1894, p. 95, § 26; Civil Code 1895, § 4682; Civil Code 1910, § 5232; Code 1933, § 36-605; Ga. L. 1949, p. 1404, § 1; Ga. L. 1955, p. 651, §§ 1, 2; Ga. L. 1992, p. 1688, § 1; Ga. L. 1998, p. 1539, § 2.)
Law reviews.- For review of 1998 legislation relating to eminent domain, see 15 Ga. St. U.L. Rev. 115 (1998).
JUDICIAL DECISIONS
Requirement of payment of costs is for benefit of officers of court and not a condition precedent to the filing of an appeal. Hilderbrand v. Housing Auth., 109 Ga. App. 297, 136 S.E.2d 24 (1964).
Clerk is not bound to receive appeal until costs have been paid to the clerk, but if the clerk does receive an appeal without exacting the costs, the appeal is good, and the clerk becomes estopped from saying that the costs have not been paid to the clerk - estopped as to all persons, at least, except the appellant. Hilderbrand v. Housing Auth., 109 Ga. App. 297, 136 S.E.2d 24 (1964).
Failure of condemnor to pay costs and fees within 10 days after judgment does not vitiate its appeal therefrom regardless of whether or not it is a political subdivision of the state. Hilderbrand v. Housing Auth., 109 Ga. App. 297, 136 S.E.2d 24 (1964).
Waiver of right to have costs paid in advance.
- When a magistrate refuses to dismiss an appeal because costs have not been paid by the appellant, this amounts to a waiver of the appellant's right to have the costs paid in advance, and the appellee has no right to complain of the refusal to dismiss the appeal. Hilderbrand v. Housing Auth., 109 Ga. App. 297, 136 S.E.2d 24 (1964).
Cited in Kellett v. Fulton County, 215 Ga. 551, 111 S.E.2d 364 (1959); Murray v. State Hwy. Dep't, 103 Ga. App. 517, 120 S.E.2d 48 (1961).
RESEARCH REFERENCES
C.J.S.
- 29A C.J.S., Eminent Domain, § 550 et seq.
ALR.- Liability for costs in trial tribunal in eminent domain proceedings as affected by offer or tender by condemnor, 70 A.L.R.2d 804.