Georgia House of Representatives - 1995/1996 Sessions

HB 1158 - Eminent domain; expenses paid by condemnor

Page Numbers - 1/ 2

Code Sections - 22-1-9

1. Dobbs  92nd


House Comm: Judy       /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/8/96   Read 1st Time                                                                
              1/9/96   Read 2nd Time                                                                
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Rules Suspended to Introduce                                                                        
                                                                                                    
Code Sections amended:                                                                              


HB 1158                                            LC 11 8805






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Chapter 1 of Title 22 of the Official Code of
  1- 2  Georgia Annotated, relating to general provisions affecting
  1- 3  eminent domain, so as to provide for the payment by the
  1- 4  condemnor of reasonable expenses, including attorney's fees,
  1- 5  incurred by the condemnee in determining just and adequate
  1- 6  compensation; to provide for the payment of expenses in
  1- 7  original proceedings brought under Chapter 2 of Title 22 or
  1- 8  appeals brought under Chapter 3 of Title 32; to provide for
  1- 9  payments in appeals by a condemnor to superior court; to
  1-10  permit payment of expenses in certain appeals to superior
  1-11  court by a condemnee; to provide exceptions; to provide for
  1-12  expenses in certain cases appealed to the Supreme Court or
  1-13  the Court of Appeals; to provide for procedures relating to
  1-14  the foregoing; to repeal conflicting laws; and for other
  1-15  purposes.

  1-16       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-17  Chapter 1 of Title 22 of the Official Code of Georgia
  1-18  Annotated, relating to general provisions affecting eminent
  1-19  domain, is amended by adding at the end thereof a new Code
  1-20  section to read as follows:

  1-21    "22-1-9. (Index)

  1-22    (a) In any proceeding brought for the exercise of the
  1-23    power of eminent domain as an original proceeding under
  1-24    Chapter 2 of this title or as an appeal from a declaration
  1-25    of taking under Chapter 3 of Title 32, the condemnor shall
  1-26    be liable for the reasonable expenses, including
  1-27    attorney's fees, incurred by the condemnee in determining
  1-28    just and adequate compensation if the award of
  1-29    compensation to the condemnee in such proceeding exceeds
  1-30    the last firm offer made by the condemnor by 20 percent or
  1-31    greater.  The amount of such  expenses shall be decided by
  1-32    the judge or presiding officer or officers in such
  1-33    proceeding and shall be a separate entry upon the award



                                 -1- (Index)

                                                  LC 11 8805

  2- 1    made to the condemnee.  The award of such expenses shall
  2- 2    be filed and recorded in the manner in which the award is
  2- 3    so filed.

  2- 4      (b)(1) Upon the appeal of an award of compensation,
  2- 5      other than for expenses, by a condemnor under Chapter 2
  2- 6      of this title, such condemnor shall be liable for the
  2- 7      reasonable expenses, including attorney's fees, incurred
  2- 8      by the condemnee in the superior court.  Such expenses
  2- 9      shall be decided  by the judge and shall be a separate
  2-10      entry upon the final judgment of the court.

  2-11      (2) If an award of compensation, other than for
  2-12      expenses, is appealed by a condemnee under Chapter 2 of
  2-13      this title, the reasonable expenses, including
  2-14      attorney's fees, incurred in the superior court may, in
  2-15      the exercise of the discretion of the judge, be awarded
  2-16      to the condemnee if such award is warranted after a
  2-17      consideration of one or all of the following:

  2-18        (A) The ultimate success of the appeal by the
  2-19        condemnee;

  2-20        (B) The existence of a legitimate question regarding
  2-21        just and adequate compensation;

  2-22        (C) The existence of other issues on appeal;

  2-23        (D) A disparity of greater than 20 percent between an
  2-24        original offer by a condemnor and the amount awarded
  2-25        in the proceeding below;

  2-26        (E) A disparity between the amount awarded in the
  2-27        proceeding below to the condemnee compared with
  2-28        similar awards; and

  2-29        (F) Other circumstances which serve to indicate that
  2-30        an appeal was not frivolous or for the purpose of
  2-31        harassment or delay.

  2-32    (c) For any case on appeal in the Supreme Court or Court
  2-33    of Appeals in which a judgment is returned in favor of the
  2-34    condemnee, the appellate court shall award reasonable
  2-35    expenses, including attorney's fees, to the condemnee."

                         SECTION 2.

  2-36  All laws and parts of laws in conflict with this Act are
  2-37  repealed.





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