Facing a condemnation action is one of the most time-sensitive legal situations a property owner can encounter. Georgia's condemnation framework encompasses multiple distinct types of taking proceedings, each with its own procedural rules, statutory deadlines, and potential pitfalls. The consequences of missing those deadlines can be severe and irreversible. Owners are commonly surprised to learn that under Title 22 alone, they may face several concurrent deadlines that not only run simultaneously but may be triggered by different events entirely, leaving little room for delay or misstep. Fail to act in time, and you may permanently waive your right to seek additional compensation, leaving the condemnor's deposited award as your only recovery. Importantly, the reach of a Title 22 taking extends beyond property owners alone. If you have any interest in land subject to a condemnation action, including as a tenant or holder of another property interest, your rights may also be at stake. Adding to the complexity, Title 22 proceeds under one of two procedures. Under the Board of Assessors (Assessors) method, a panel of three assessors evaluates the property and files a compensation award with the court. Under the Special Master method, a single court-appointed attorney conducts a hearing and issues an award that is then served on the condemnee. Which procedure governs your case determines when your deadlines begin to run. Do not wait. Upon learning of a potential condemnation action against a property in which you have an interest, contact experienced counsel immediately.
10-Day Deadline To Contest Compensation
Title 22 proceedings give condemnees only ten days to appeal an unfavorable compensation award, and the event that starts the clock depends on which procedure is being used.
Under the Assessors procedure, if you are dissatisfied with the amount of the assessors' award, you must file a written appeal to the superior court within ten days from the time the award is filed. Under the Special Master procedure, if you are dissatisfied with the amount of the special master's award, your appeal must be filed in the superior court within ten calendar days from the date you are served with the award, plus an additional three calendar days allowed for mailing of the award. In either case, filing an appeal does not stop or delay the condemnor's work on the project.
Because the trigger date differs depending on whether the award is filed under the Assessors method or served under the Special Master method, condemnees should confirm immediately which procedure governs their case and calendar the applicable deadline accordingly. These windows are short, and a missed deadline will result in a waiver of your right to seek additional compensation through a jury trial, leaving you bound by the assessors' or special master's award.
No Deadline To Seek Withdrawal of Condemnation Funds
Once the special master's or assessors' award is paid or deposited into the court registry, title to the property transfers to the condemnor. The deposited funds are then held for the benefit of the property owner or owners according to their respective interests. Unlike the deadline to appeal, there is no fixed statutory deadline by which a property owner must withdraw these funds. They remain available upon demand.
That said, property owners should carefully evaluate two considerations before withdrawing deposited funds. First, once the funds are withdrawn, you will no longer be able to challenge the condemnor's right to take the property and will be limited to disputing the amount of compensation owed. Second, if the final compensation awarded by the jury is less than the special master's or assessors' award, you will be required to repay the difference, which may create risk if the funds are no longer readily available.
No Fixed Deadline To Remove Personal Property and Improvements, but Don't Wait
Title 22 does not prescribe a fixed, universal statutory deadline for removing personal property, fixtures, or improvements from the condemned area. Instead, the practical deadline for removal is typically set by the condemnor's notice of condemnation, the terms of possession set out in the proceeding, or by order of the superior court overseeing the case.
What is fixed is the point at which title, and the corresponding right to use the property, transfers to the condemnor. Under the Special Master procedure, title vests in the condemnor once the award is deposited into the court registry. Under the Board of Assessors procedure, the condemnor's right to use the condemned property generally depends on payment or tender of the assessors' award, or deposit of the award with the clerk if the owner refuses payment. Once the condemnor has obtained the right to use or possess the property, any personal property remaining in the taking area, including business signs, fences, sheds, and similar items, may be treated as abandoned and is at practical risk of removal, damage, or demolition depending on the court's order, the condemnor's notice, and the project schedule. Because there is no guaranteed minimum removal period, owners should confirm the specific removal deadline applicable to their case as early as possible and begin making removal arrangements without delay.
For questions regarding condemnation proceedings, valuation disputes, or statutory deadlines in Georgia, please contact Ivy N. Cadle, Kayla L. Pfeifer, or any member of Baker Donelson's Eminent Domain Group.