SB49.html

To amend Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions applicable to eminent domain, so as to change the provisions relating to requirement of just compensation as a limitation on exercise of power of eminent domain; to provide that interference with a property owner´s exclusive rights may include the effect of medians; to provide that certain rights are considered exclusive to the owner of the property, and the measure of consequential damages shall include any diminution in market value of the property; to provide for related matters; to repeal conflicting laws; and for other purposes.

Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions applicable to eminent domain, is amended by striking in its entirety Code Section 22-1-5, relating to requirement of just compensation as a limitation on exercise of power of eminent domain, and inserting in lieu thereof a new Code Section 22-1-5 to read as follows:
"22-1-5.
(a) Except in cases of extreme necessity and great urgency, the right of eminent domain cannot be exercised without first providing for just compensation to the owner for the interference with his or her exclusive rights.
(b) Where there is a physical taking, interference with the property owner´s exclusive rights shall include the effect of medians, and the measure of consequential damages is any dimunition in market value of the property. This subsection shall apply only to takings prior to July 1, 2002, and this subsection shall be repealed effective July 1, 2002, with respect to any taking thereafter."