§ 22-2-110 — Award of special master and special master panel; time of filing; award to become part of record of proceedings; vesting of title in condemnor upon deposit of award into court; form of award; use in subsequent appeal

Georgia § 22-2-110

• Jurisdiction: Georgia
• Title: 22

Text

(a) The award of the special master or the special master panel, in the event such a panel exists, shall be served in a manner consistent with Code Section 9-11-5 upon all the parties and filed with the clerk of the superior court of the county where the property or interest is situated within three days after the date on which such hearing is completed. The special master or the special master panel shall mail the award to the condemnor and any condemnees on the date of filing of the award and provide a certificate of service evidencing the mailing of such award. (b) The award shall become a part of the record of the proceedings in said matter and shall condemn and vest title to the property or other interest in the condemning body upon the deposit by that body of the amount of the award into the registry of the court, subject to the demand of such condemnee or condemnees, according to their respective interests. (c) The award shall be in the following form: ''AWARD The special master appointed and chosen by the court to hear evidence and give full consideration to all matters touching upon the value of the property or interest sought to be condemned, as shown by the description of the property or interest in the case of__________________ (condemning body) versus __________________ (acres of land or other described interest in said land) and __________________ (condemnee), Civil action file no.__________________ in superior court, having first taken the oath as required by law of the special master, the same having been filed with the clerk of the Superior Court of __________________ County, and the special master panel, in the event such a panel exists, having heard evidence under oath and given consideration to the value of such property or interest on the __________________ day of __________________, at __________________:__________________ __________________.M., as provided for in the order of the court, do decide and recommend to the court as follows: (1) I/We find and award to __________________, condemnee, the sum of $__________________, as the actual market value of the property or interest sought to be condemned; (2) I/We find consequential damages to the remaining property or interest in the amount of $__________________; (3) I/We find consequential benefits to the remaining property or interest in the amount of $__________________ (never to exceed the amount of the consequential damages); (4) I/We find and award to __________________, condemnee, the sum of $__________________, as the value of any associated moving costs; (5) Balancing the consequential benefits against the consequential damages, I/we find and award to the condemnee in this case in the total sum of $__________________, and I/we respectfully recommend to the court that the said property or interest be condemned by a judgment in rem to the use of the condemnor upon the payment of the last stated sum into the registry of the court, subject to the demands of the condemnee. This __________________ day of __________________, __________________. __________________ Special Master __________________ Assessor __________________ Assessor'' (d) In any case where there is an appeal from the award of the special master or the special master panel, in the event such a panel exists, to a jury in the superior court, such award shall not be competent evidence. Any such appeal shall be a de novo investigation, and such award shall be detached from the papers in the case before the same are delivered to the jury.

Legislative History

Amended by 2016 Ga. Laws 625,§ 22, eff. 5/3/2016. Amended by 2006 Ga. Laws 444,§ 12, eff. 4/4/2006.