"Public Use" Defined; Eminent Domain to Be Exercised Solely for Public Use

1. Law
2. Georgia Code
3. Local Government
4. Urban Redevelopment
5. "Public Use" Defined; Eminent Domain to Be Exercised Solely for Public Use

1. As used in this Code section, the term "public use" shall have the meaning specified in Code Section 22-1-1.
2. Any exercise of the power of eminent domain under this chapter must:
   1. Be for a public use; and
   2. Be approved by resolution of the governing body of the municipality or county in conformity with the procedures specified in Code Section 22-1-10.

(Code 1981, §36-61-3.1, enacted by Ga. L. 2006, p. 39, § 22/HB 1313.)

Editor's notes.

- Ga. L. 2006, p. 39, § 1/HB 1313, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as 'The Landowner's Bill of Rights and Private Property Protection Act.'"

Ga. L. 2006, p. 39, § 25/HB 1313, not codified by the General Assembly, provides that this Code section shall apply to those condemnation proceedings filed on or after February 9, 2006, where title has not vested in the condemning authority unless constitutionally prohibited.

Law reviews.

- For article on 2006 enactment of this Code section, see 23 Ga. St. U. L. Rev. 157 (2006).

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