Georgia § 22-1-11 - Determination of authority to exercise public domain.
Full text of Georgia Official Code of Georgia Annotated § 22-1-11 — Determination of authority to exercise public domain., with citation guidance and answers to common questions.
§ 22-1-11. Determination of authority to exercise public domain.
Before the vesting of title in the condemnor and upon motion of the condemnee, or within ten days of the entry of the special master's award by entry of exception to the case, the court shall determine whether the exercise of the power of eminent domain is for a public use and whether the condemning authority has the legal authority to exercise the power of eminent domain and may stay other proceedings of the condemnation pending the decision of the court. The condemning authority shall bear the burden of proof by the evidence presented that the condemnation is for a public use as defined in Code Section 22-1-1. Nothing in this Code section shall be construed to require the condemnee to seek or obtain a special master's award prior to a hearing or decision by the court under this Code section. (Code 1981, § 22-1-11 , enacted by Ga. L. 2006, p. 39, § 5/HB 1313.) Editor's notes. - Ga. L. 2006, p. 39, § 1/HB 1313, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as 'The Landowner's Bill of Rights and Private Property Protection Act.'" Ga. L. 2006, p. 39, § 25/HB 1313, not codified by the General Assembly, provides that the amendment to this Code section shall apply to those condemnation proceedings filed on or after February 9, 2006, where title has not vested in the condemning authority unless constitutionally prohibited. Law reviews. - For article on 2006 enactment of this Code section, see 23 Ga. St. U.L. Rev. 157 (2006).
Frequently Asked Questions About Georgia § 22-1-11
What does Official Code of Georgia Annotated § 22-1-11 cover?
Section 22-1-11 ("Determination of authority to exercise public domain.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 22-1-11?
A common citation format is "Official Code of Georgia Annotated § 22-1-11" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 22-1-11 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.