Location of Hearing Before Assessors; Evidence Upon Which Findings May Be Based

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The hearing may be conducted in the office of the judge of the probate court of the county in which the condemnation proceedings are had or at such other place as the assessors may fix. In assessing the damages to the railroad company, the assessors need not go upon or inspect the premises sought to be condemned, but they shall make their findings upon the testimony heard by them.

(Ga. L. 1898, p. 54, § 1; Civil Code 1910, § 5239; Code 1933, § 36-704.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 27 Am. Jur. 2d, Eminent Domain, §§ 516 et seq., 520 et seq.

C.J.S.

- 29A C.J.S., Eminent Domain, § 335 et seq.

ALR.

- Right of court to reduce or increase award in condemnation and confirm it as reduced or increased, 61 A.L.R. 194.

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.

Right to view by jury in condemnation proceedings, 77 A.L.R.2d 548.

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.

ARTICLE 2 CONSTRUCTION AND OPERATION OF ELECTRIC POWER PLANTS

JUDICIAL DECISIONS

Proceeding before special master available to private company.

- A private company possessing the power of eminent domain is authorized to employ the condemnation procedure. Nodvin v. Georgia Power Co., 125 Ga. App. 821, 189 S.E.2d 118 (1972).

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Eminent Domain, § 144 et seq., 290 et seq., 306 et seq.

C.J.S.

- 29A C.J.S., Eminent Domain, § 27 et seq.

ALR.

- Right to and measure of compensation to owner of fee when telegraph or telephone line is erected along railroad right of way or highway, 19 A.L.R. 383.

Elements and measure of compensation for power lines or other wire lines over private property, 49 A.L.R. 697; 124 A.L.R. 407.

Limitation applicable to action or proceeding by owner for compensation where property is taken in exercise of eminent domain without antecedent condemnation proceeding, 123 A.L.R. 676.

Condemnation of premises or part thereof as affecting rights of landlord and tenant inter se, 163 A.L.R. 679.

Condemnor's waiver, surrender, or limitation, after award, of rights or part of property acquired by condemnation, 5 A.L.R.2d 724.

Correlative rights of dominant and servient owners in right of way for electric line, 6 A.L.R.2d 205.

Liability of water distributor for damage caused by water escaping from main, 20 A.L.R.3d 1294.

Power of eminent domain as between state and subdivision or agency thereof, or as between different subdivisions or agencies themselves, 35 A.L.R.3d 1293.

Eminent domain: review of electric power company's location of transmission line for which condemnation is sought, 19 A.L.R.4th 1026.

State statute of limitations applicable to inverse condemnation or similar proceedings by landowner to obtain compensation for direct appropriation of land without the institution or conclusion of formal proceedings against specific cover, 26 A.L.R.4th 68.

PART 1 GENERAL PROVISIONS


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