 |
GEORGIA CODE (Last Updated: August 20, 2013) |
 |
Title 32. HIGHWAYS, BRIDGES, AND FERRIES |
|
|
Chapter 3. ACQUISITION OF PROPERTY FOR TRANSPORTATION PURPOSES |
| Article 1. GENERAL PROVISIONS |
| Article 2. ACQUISITION OF RIGHTS OF WAY AND EASEMENTS FOR FEDERAL PARKWAYS |
REFS & ANNOS
TITLE 32 Chapter 3 NOTE
CROSS REFERENCES. --Power of condemnation, Ga. Const. 1983, Art. III, Sec. VI, Para. II. Exercise by Department of Transportation of power of eminent domain to acquire property for construction of welcome centers, § 50-7-12.
LAW REVIEWS. --For annual survey of law of real property, see 38 Mercer L. Rev. 319 (1986).
JUDICIAL DECISIONS
EFFECT OF § 32-8-1 ON RELOCATION EXPENSES. --Enactment of O.C.G.A. § 32-8-1 does not alter the fact that relocation expenses, whether awarded judicially or administratively, are still a part of the "just and adequate compensation" guaranteed to condemnees under the Constitution. DOT v. Gibson, 251 Ga. 66, 303 S.E.2d 19 (1983).
RELOCATION EXPENSES MAY BE RECOVERED BY ADMINISTRATIVE PROCEEDING. --Under O.C.G.A. § 32-8-1, a condemnee whose property is being acquired for federally assisted highway projects may, but is not required to, seek payment of relocation expenses directly from the Department of Transportation in an administrative action. DOT v. Gibson, 251 Ga. 66, 303 S.E.2d 19 (1983).
SEEKING ADMINISTRATIVE PAYMENT OF RELOCATION EXPENSES precludes a separate judicial determination of the same relocation expenses in the statutorily authorized condemnation proceedings. DOT v. Gibson, 251 Ga. 66, 303 S.E.2d 19 (1983).
LAW REVIEWS. --For annual survey of law of real property, see 38 Mercer L. Rev. 319 (1986).
JUDICIAL DECISIONS
EFFECT OF § 32-8-1 ON RELOCATION EXPENSES. --Enactment of O.C.G.A. § 32-8-1 does not alter the fact that relocation expenses, whether awarded judicially or administratively, are still a part of the "just and adequate compensation" guaranteed to condemnees under the Constitution. DOT v. Gibson, 251 Ga. 66, 303 S.E.2d 19 (1983).
RELOCATION EXPENSES MAY BE RECOVERED BY ADMINISTRATIVE PROCEEDING. --Under O.C.G.A. § 32-8-1, a condemnee whose property is being acquired for federally assisted highway projects may, but is not required to, seek payment of relocation expenses directly from the Department of Transportation in an administrative action. DOT v. Gibson, 251 Ga. 66, 303 S.E.2d 19 (1983).
SEEKING ADMINISTRATIVE PAYMENT OF RELOCATION EXPENSES precludes a separate judicial determination of the same relocation expenses in the statutorily authorized condemnation proceedings. DOT v. Gibson, 251 Ga. 66, 303 S.E.2d 19 (1983).