Self-Executing Nature of Declaration of Taking; Court Costs; Entry of Judgment; Transfer of Case to Closed Docket; Effect of Code Section on Condemnor's Title

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  5. General Provisions
  6. Self-Executing Nature of Declaration of Taking; Court Costs; Entry of Judgment; Transfer of Case to Closed Docket; Effect of Code Section on Condemnor's Title

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  1. No judgment of any court and no order or ruling of the judge thereof shall be necessary to give effect to the declaration of taking provided for in Code Section 32-3-6; but the same shall be self-executing, subject, however, to the power of the court as provided for in Code Section 32-3-11.
  2. If no appeal is filed as provided for in Code Section 32-3-14, the condemnor shall, at the next term of the superior court convening not earlier than 30 days subsequent to the date of service, as provided for in Code Sections 32-3-8 and 32-3-9, or at any time thereafter, pay all accrued court costs in the case to the clerk of the superior court in which the same is pending, at which time the judge of the superior court shall enter judgment in favor of the condemnee and against the condemnor for the sum of money deposited by the condemnor with the declaration of taking. If such sum has been withdrawn from the court by the condemnee as provided for in Code Section 32-3-12, the clerk of the superior court shall mark such judgment satisfied; and if the condemnee has not withdrawn such sum the clerk shall immediately apply the same to the payment of the judgment and either transmit the same to the condemnee or cause the condemnee to be notified that he, the clerk, holds the same subject to the demand of the condemnee.
  3. In any event, the case shall be transferred, under the conditions set out in this Code section, to the closed docket.
  4. Nothing provided for in this Code section shall be construed as in any way affecting the title acquired by the condemnor by virtue of the declaration of taking, as provided for in Code Section 32-3-7.

(Code 1933, § 95A-609, enacted by Ga. L. 1973, p. 947, § 1.)


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