Georgia Easements, Landlocked Property and Eminent Domain (2026)

In Georgia, a private way can be acquired by prescription after seven years' uninterrupted use through improved land or 20 years' use through wild land (O.C.G.A. 44-9-1), and the Georgia Court of Appeals adds that the way must be no wider than 20 feet and must have been kept in repair, among other requirements. On eminent domain, Georgia has provided since 2006 that "the public benefit of economic development shall not constitute a public use" (O.C.G.A. 22-1-1(9)(B)), and the condemnor must prove public use to a court (O.C.G.A. 22-1-2(a)).

This page covers easements between private landowners first, then the power of government and utilities to take private property. For other states, see our guide to easement laws by state.

Information last verified on October 19, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Georgia statutes and appellate decisions on private ways and other easements (O.C.G.A. Title 44, chapter 9, with related sections in Titles 13 and 44) and on the condemnation of private property (O.C.G.A. Title 22). It does not cover prescriptive title to land (see Georgia squatters' rights and adverse possession), homeowners' association covenants, zoning or regulatory takings, federal condemnation, or local ordinances.

How Long Does It Take to Get a Prescriptive Easement in Georgia?

In Georgia, a statute sets the prescriptive period for private ways. O.C.G.A. 44-9-1 says the right of private way over another's land may arise "from prescription by seven years' uninterrupted use through improved lands or by 20 years' use through wild lands."

The Court of Appeals spelled out the claimant's burden in Floyd v. Chapman (2020). The claimant must show "(1) that they, or a predecessor in title, had been in uninterrupted use of the alleged private way for the period of time required by OCGA § 44-9-1; (2) that the private way is no more than twenty feet wide, and that it is the same twenty feet originally appropriated; and (3) that they have kept the private way in repair during the period of uninterrupted use."

The court added that a claim of prescriptive title also requires proof that the possession "did not originate in fraud and was (1) public; (2) continuous; (3) exclusive; (4) uninterrupted; (5) peaceable; and (6) accompanied by a claim of right," and that "the use must also be adverse rather than permissive."

The court added that "Georgia courts have strictly construed the elements of OCGA § 44-9-1 against the party who asserts a right of entry over the lands of another." In Floyd, the court held the seven-year period did not apply because the land the way crossed was wild land. Floyd quoted the Georgia Supreme Court's description of wild land in Hopkins v. Roach (1906): land "located separate and apart from lands which are partly in cultivation," a "segregated tract of land, remaining, as it were, in a state of nature, un[e]nclosed, and with no indicia pointing to use by the owner."

One kind of easement cannot arise this way: a right to light and air passing over another's land through existing lights or windows "may not be acquired by prescription" (O.C.G.A. 44-9-2).

Which period applies therefore turns on the character of the land the way crosses, not on whether the claimant has a deed. That is a different rule from prescriptive title to the land itself, which runs under O.C.G.A. 44-5-161 and the sections that follow and is covered on the Georgia squatters' rights and adverse possession page.

What Are the Other Ways an Easement Is Created in Georgia?

O.C.G.A. 44-9-1 lists four sources of a private way: "an express grant," prescription, "implication of law when the right is necessary to the enjoyment of lands granted by the same owner," and "compulsory purchase and sale through the superior court."

Express easements and recording

Under Georgia's statute of frauds, a promise in "any contract for sale of lands, or any interest in, or concerning lands" binds the promisor only if it is "in writing and signed by the party to be charged" (O.C.G.A. 13-5-30(a)(4)); the parol-license rule below is the main exception. Recording matters too: under O.C.G.A. 44-2-1, "a prior unrecorded deed loses its priority over a subsequent recorded deed from the same vendor when the purchaser takes such deed without notice of the existence of the prior deed." To find easements already on record for a parcel, see how to search Georgia property records. A tax sale does not extinguish an easement created by operation of law or by express grant, but an expressly granted easement is protected only if it was recorded before the tax fi. fa. under which the land was sold (O.C.G.A. 44-9-7).

A spoken permission can become an easement

O.C.G.A. 44-9-4 provides that "a parol license is not revocable when the licensee has acted pursuant thereto and in so doing has incurred expense; in such case, it becomes an easement running with the land." An oral permission that a neighbor relies on by spending money can therefore turn into a permanent easement.

Conservation easements

Under the Georgia Uniform Conservation Easement Act, "a conservation easement may not be created or expanded by the exercise of the power of eminent domain" (O.C.G.A. 44-10-3(a)).

Moving an easement and its scope

In Szalay, the Court of Appeals quoted the Georgia Supreme Court's rule from Herren v. Pettengill (2000) that "an easement with a fixed location cannot be substantially changed or relocated without the express or implied consent of the owners of both the servient estate and the dominant estate, absent reservations contained in the instrument creating the easement." Szalay also held that an easement for ingress and egress does not include a utility easement.

What If My Land Is Landlocked in Georgia?

Georgia offers two routes: an implied way of necessity, and a court proceeding to condemn a private way.

Implied way of necessity

O.C.G.A. 44-9-1 recognizes a private way "by implication of law when the right is necessary to the enjoyment of lands granted by the same owner." The standard is strict. In Szalay v. Albenberg (2015), the Court of Appeals applied the Georgia Supreme Court's rule that "every essential requisite to such a right must affirmatively appear," including that "there is no other suitable outlet," and that a way of necessity "never exists where a [person] can get to [her] own property through [her] own land, however inconvenient the way to [her] own land may be."

The same Supreme Court passage, as quoted in Szalay, recognizes that an obstruction whose cost to overcome "would be so out of proportion to the value of the estate" can warrant laying out a way of necessity, and Szalay asked whether the owner could reach the public road "without unreasonable difficulty" (quoting Eardley v. McGreevy). The owner in Szalay lost because she did not present evidence sufficient to create a genuine issue of fact on necessity.

The way can also end. Under O.C.G.A. 44-9-5, "where a way of necessity is appurtenant to land and the owner thereof purchases other land which provides him access to a highway over his own land, the way of necessity ceases."

Condemning a private way through the superior court

O.C.G.A. 44-9-40(b) lets an owner of real estate "to which the person or corporation has no means of access, ingress, and egress" petition the superior court for a judgment "condemning an easement of access, ingress, and egress not to exceed 20 feet in width" over another's private land. Section 44-9-1 calls this route a "compulsory purchase and sale," so the landlocked owner is buying the easement, not receiving it free. The Georgia Constitution likewise provides that "in case of necessity, private ways may be granted upon just and adequate compensation being first paid by the applicant" (Ga. Const. art. I, sec. III, para. II).

Filing the petition "shall be deemed to be the declaration of necessity." The judge may still find an abuse of discretion and enjoin the proceeding where the petitioner already owns access "over another route" that is "not less than 20 feet in width" and "affords such person or corporation a reasonable means of access, ingress, and egress," or where the condemnation "is otherwise unreasonable."

A condemned way must be kept up. Under O.C.G.A. 44-9-45, "failure to comply with this requirement for a period of one year shall constitute an abandonment of the private way; and the title thereto shall revert to the owner of the property over which the private way was condemned or his successors in title."

Can a Neighbor Block or Close a Private Way in Georgia?

O.C.G.A. 44-9-54 states that "whenever a private way has been in constant and uninterrupted use for seven or more years and no legal steps have been taken to abolish it, it shall not be lawful for anyone to interfere with that private way."

Section 44-9-59(a) supplies a fast remedy in the probate court. A person injured by an obstruction may petition the judge of the probate court in the county where the way has been in use; the judge issues a rule nisi, served by the sheriff at least three days before the hearing. If it appears the way "has been in continuous, uninterrupted use for seven years or more and no steps were taken to prevent the enjoyment of the same," the judge "shall grant an order directing the party or parties so obstructing or otherwise interfering with the right of way to remove the obstructions or other interference within 48 hours," and if they do not, the judge issues a warrant directing the sheriff to remove them. Either party may appeal the probate judge's decision to superior court (44-9-59(b)).

Even a newer way has some protection. Under O.C.G.A. 44-9-56, if a road "has been used as a private way for as much as one year, the owner of the land over which it passes may not close it up without first giving the common users of the private way 30 days' written notice," so they can seek to make it permanent under sections 44-9-42 through 44-9-48.

How Do I Stop Someone From Getting a Prescriptive Easement in Georgia?

Georgia's easement chapter (O.C.G.A. 44-9-1 through 44-9-6 and the private-way article, 44-9-40 through 44-9-59) contains no procedure for blocking prescription by posting a sign or recording a notice.

What the code does address is permission. Georgia's title-prescription statute provides that "permissive possession cannot be the foundation of a prescription until an adverse claim and actual notice to the other party" (O.C.G.A. 44-5-161(b)). An owner who wants to close a road already used as a private way for a year or more must also give the 30 days' written notice that 44-9-56 requires.

How Does an Easement End in Georgia?

O.C.G.A. 44-9-6 provides that "an easement may be lost by abandonment or forfeited by nonuse if the abandonment or nonuse continues for a term sufficient to raise the presumption of release or abandonment." The section names no number of years, but the Georgia Supreme Court has held that an easement arising from prescription "may be lost by abandonment or nonuser for a period that generally follows the prescriptive period," and that whether it has been lost "is a mixed question of fact and law" (Forehand v. Carter, 1999). In Szalay v. Albenberg (2015), the Court of Appeals applied the seven-year period and held, as a matter of law, that any easement by prescription had been abandoned, because the owner had not used the way since 1994.

Two narrower rules also end a way: a way of necessity ceases when the owner gains highway access over other land the owner buys (44-9-5), and a court-condemned private way is abandoned after a year without the upkeep 44-9-45 requires.

Eminent Domain in Georgia

Georgia's condemnation law is in Title 22 of the Official Code. For how other states and the federal government handle takings, see our guide to eminent domain laws by state.

The Georgia Constitution provides that "private property shall not be taken or damaged for public purposes without just and adequate compensation being first paid" (Ga. Const. art. I, sec. III, para. I(a)). When the state, a county or a city takes or damages property for road, street or public transportation purposes, or for other public purposes the General Assembly designates, compensation "need not be paid until the same has been finally fixed and determined as provided by law" (para. I(b)).

Under O.C.G.A. 22-1-6, a person authorized to exercise eminent domain who "cannot by contract procure the property or the easement, right of way, waterway, franchise, or other interest sought to be condemned" may "take or damage the property or interest upon paying or tendering to the owner thereof just and adequate compensation."

Can Georgia Take Property for Private Development?

Not for economic development as such. Since 2006, O.C.G.A. 22-1-1(9)(B) provides that "the public benefit of economic development shall not constitute a public use."

The same definition lists what does count as public use: "(i) The possession, occupation, or use of the land by the general public or by state or local governmental entities; (ii) The use of land for the creation or functioning of public utilities; (iii) The opening of roads, the construction of defenses, or the providing of channels of trade or travel; (iv) The acquisition of property where title is clouded due to the inability to identify or locate all owners of the property; (v) The acquisition of property where unanimous consent is received from each person with a legal claim that has been identified and found; or (vi) The remedy of blight."

O.C.G.A. 22-1-2(a) then provides that, "except as provided in Code Section 22-1-15, neither this state nor any political subdivision thereof nor any other condemning authority shall use eminent domain unless it is for public use. Public use is a matter of law to be determined by the court and the condemnor bears the burden of proof." Subsection (b) adds that, again except as provided in 22-1-15, "no condemnation shall be converted to any use other than a public use for 20 years from the initial condemnation."

The exception those subsections name, O.C.G.A. 22-1-15 (added in 2017), lets a county, municipality or consolidated government condemn property where the public use is "the remedy of blight when economic development is a secondary or ancillary public benefit of condemnation." The condemnor must first petition the superior court for a determination that the property is blighted, and property found blighted is restricted to the land use stated in the order "for a period of five years from the date of the order." Blight has a statutory definition: urbanized or developed property showing two or more listed conditions, such as uninhabitable, unsafe or abandoned structures or repeated illegal activity, that is also conducive to ill health, disease, infant mortality or crime nearby, and "property shall not be deemed blighted because of esthetic conditions" (O.C.G.A. 22-1-1(1)).

The Georgia Constitution adds a local vote. Under an amendment (HR 1306) that went to voters on November 7, 2006, "each condemnation of privately held property for redevelopment purposes must be approved by vote of the elected governing authority" of the city where the property is located or, if none, the county, and eminent domain "shall not be used for redevelopment purposes by any entity, except for public use, as defined by general law" (Ga. Const. art. IX, sec. II, para. VII(a)).

In Kelo v. City of New London (2005), the U.S. Supreme Court held that a city's economic development plan "unquestionably serves a public purpose" and satisfied the Fifth Amendment's public use requirement. The Court added that "nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power," which is the room Georgia's 2006 definition occupies.

Can a Pipeline or Utility Use Eminent Domain in Georgia?

The public-use list includes "the use of land for the creation or functioning of public utilities" (O.C.G.A. 22-1-1(9)(A)(ii)), so a utility taking falls outside the economic-development bar.

Georgia's definition of a public utility "shall also include common carriers and railroads" (O.C.G.A. 22-1-1(10)). A railroad may condemn land under Title 22, but "the right of condemnation under this Code section shall not be exercised until the commission, under such rules of procedure as it may provide, first approves the taking of the property" (O.C.G.A. 46-8-121), meaning the Public Service Commission. In Garrett v. Sandersville Railroad Co. (April 15, 2026), the Georgia Court of Appeals affirmed a trial court ruling upholding the commission's approval of a private short-line railroad's condemnation of family land for a rail spur, holding that the evidence was sufficient to support findings that the spur would be a "channel of trade" and thus a public use under O.C.G.A. 22-1-1(9)(A)(iii). The court limited its review to statutory questions.

Title 44 also lets a business actually engaged in mining or quarrying obtain a right of way across others' land for a railroad, road, pipeline or power line, with damages assessed and paid under the Title 22 condemnation method (O.C.G.A. 44-9-70).

Pipelines are treated by type. Under O.C.G.A. 22-3-95, "the power of eminent domain may be exercised by persons who are or may be engaged in constructing or operating pipelines for the transportation or distribution of natural or artificial gas." For petroleum, O.C.G.A. 22-3-82(a) provides that a petroleum pipeline company "shall not exercise the power of eminent domain" for a new pipeline or an extension "unless and until a certificate of public convenience and necessity is issued by the commissioner of transportation" and "a permit is issued by the director of the Environmental Protection Division of the Department of Natural Resources." Under subsection (b), no certificate or permit is required of a petroleum pipeline company "exercising the power of eminent domain for the purpose of maintenance or expansion."

What Must the Condemnor Do First, and How Is a Taking Challenged?

Before a governmental condemnor uses eminent domain, O.C.G.A. 22-1-10(a) requires it, among other steps, to post a sign, "if possible," next to each affected property "not less than 15 days before any meeting at which a resolution approving the exercise of eminent domain is to be considered," stating the meeting's time, date and place, and to "attempt to serve the condemnee personally with notice of the meeting" at least 15 days before it.

Georgia condemnations are to be guided, "to the greatest extent practicable," by the policies in O.C.G.A. 22-1-9. Where the condemnor seeks fee simple title, the property is appraised before negotiations begin and the owner is given an opportunity to accompany the appraiser; the condemnor's offer may not be less than its independent appraisal of fair market value, and the owner receives a written statement of, and summary of the basis for, that amount. "No owner shall be required to surrender possession" before the condemnor pays the agreed price or deposits with the court at least its appraisal or the award. Under O.C.G.A. 22-1-10.1, no condemnation action may be brought until at least 30 days after the approving resolution or documented approval, except in a declared emergency or where every person with a legal claim consents. In the special master procedure, the award vests title in the condemnor when it deposits the award amount into the court registry (O.C.G.A. 22-2-110(b)).

A public-use challenge has a short window. Under O.C.G.A. 22-1-11, the court decides whether the taking is for a public use and whether the condemnor has legal authority "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 condemnor "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."

In the special master procedure, the value fight has its own deadline. Under O.C.G.A. 22-2-112(a), an appeal by a dissatisfied condemnor or condemnee "shall be filed within ten calendar days from the service of the award, plus three additional calendar days for mailing of the award." At the following term, a jury tries "the value of the property or interest taken or the amount of damage done," and the appeal "shall not hinder or delay in any way the condemnor's work or the progress thereof." The tender, payment or acceptance of the award "shall not prevent any party from prosecuting the appeal" (O.C.G.A. 22-2-113(a)).

Other Georgia procedures run on different clocks. Under the assessor procedure, a dissatisfied party may appeal "within ten days from the time the award is filed" (O.C.G.A. 22-2-80). When property is condemned by declaration of taking under Title 32, the transportation title, an owner dissatisfied with the compensation estimated in the declaration may file "not later than 30 days following the date of the service" (O.C.G.A. 32-3-14).

How Is Just Compensation Determined in Georgia?

The statutory standard is "just and adequate compensation" for the property or interest taken or damaged (O.C.G.A. 22-1-6). For property condemned for public road and street purposes, O.C.G.A. 22-2-109(a) provides that compensation is not restricted to the land's agricultural or productive qualities and fixes "the date of taking as contemplated in this Code section" as "the date of the filing of the condemnation proceedings for the acquisition of the property or interest." For those road takings, the award also considers consequential damages to the remaining property, which consequential benefits may offset, but "in no event shall consequential benefits be offset against the value of the property or interest taken" (22-2-109(c)).

The general provisions of Title 22 (sections 22-1-1 through 22-1-15) set no percentage bonus above value for a home or other property.

Attorney Fees and Relocation Costs

O.C.G.A. 22-1-12 requires the court to award the owner "reasonable costs and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the condemnation proceedings," if "(1) The final judgment is that the condemning authority cannot acquire the real property by condemnation; or (2) The proceeding is abandoned by the condemning authority." Chapter 1 of Title 22 contains no general rule awarding fees because a jury's award exceeds the condemnor's offer.

A displaced condemnee is entitled, in addition to other relocation damages permitted by law, to "(1) Actual reasonable expenses in moving himself or herself, his or her family, business, farm operation, or other personal property within a reasonable distance from the property condemned; (2) Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation; (3) Such other relocation expenses as authorized by law" (O.C.G.A. 22-1-13). With the condemnee's consent, the condemnor may also provide alternative site property as full or partial compensation.

For federal-aid projects financed in whole or in part with federal funds, the Georgia Relocation Assistance and Land Acquisition Policy Act (O.C.G.A. 22-4-1 through 22-4-9) requires public entities to make the relocation and replacement housing payments required by Section 210 of the federal Uniform Act (22-4-4), and to pay the Uniform Act's litigation expenses when such a condemnation fails or is abandoned (22-4-7) or when an owner wins an inverse condemnation case over property taken for the project (22-4-8).

Can a Former Owner Get Condemned Property Back?

Under O.C.G.A. 22-1-2(c)(1), "except as provided in Code Section 22-1-15, if property acquired through the power of eminent domain from an owner fails to be put to a public use within five years, the former property owner may apply to the condemnor or its successor or assign for reconveyance or quitclaim of the property to the former property owner or for additional compensation for such property." The application must be in writing. The condemnor then has 60 days either to reconvey the property for no more than the compensation it paid or to pay additional compensation (fair market value at the time of the application minus the price it paid); if it does neither, the former owner may sue in superior court "within the next 90 days following." The former owner has "one year from the date notice is received" from the condemnor to apply. Property counts as put to a public use once "substantial good faith effort has been expended" on a project, even if the project is not completed. Under subsection (e), section 22-1-2 does not apply to condemnations under the electric transmission-line section (22-3-162), which has its own timing rule, or under Title 32, the transportation title.

A separate section provides that "whenever the condemnor ceases using the property taken for the purpose of conducting his business, the property shall revert to the person from whom taken, his heirs or assigns" (O.C.G.A. 22-2-85).

Georgia Easement and Eminent Domain Rules at a Glance

Related

• Easement laws by state
• Eminent domain laws by state
• Georgia squatters' rights and adverse possession
• Georgia property records

This article provides general legal information about Georgia easement and eminent domain law, not legal advice. For a specific situation, contact a lawyer licensed in Georgia.

Last updated: October 19, 2026.

Frequently Asked Questions

How long does it take to get a prescriptive easement in Georgia?

For a private way, O.C.G.A. 44-9-1 sets seven years' uninterrupted use through improved lands or 20 years' use through wild lands. Georgia courts also require that the way be no more than 20 feet wide, be the same 20 feet originally used and have been kept in repair, and that the use be public, continuous, exclusive, uninterrupted, peaceable, under a claim of right and adverse rather than permissive; they construe these requirements strictly against the claimant.

What is the difference between improved land and wild land for a Georgia private way?

O.C.G.A. 44-9-1 uses the seven-year period for ways through improved lands and the 20-year period for ways through wild lands. In Floyd v. Chapman (2020), the Court of Appeals held the seven-year period did not apply because the land the way crossed was wild land. As quoted in Floyd, the Georgia Supreme Court described wild land in Hopkins v. Roach (1906) as a segregated tract, located apart from lands partly in cultivation, that remains in a state of nature, unenclosed and with no indicia pointing to use by the owner.

What can I do if my land is landlocked in Georgia?

O.C.G.A. 44-9-40(b) lets an owner with no means of access, ingress and egress petition the superior court to condemn an easement of access not over 20 feet wide over another's private land, which 44-9-1 describes as a compulsory purchase and sale. The judge may enjoin the case if the petitioner already has a reasonable alternate route at least 20 feet wide or the condemnation is otherwise unreasonable.

Is there an easement by necessity in Georgia?

Yes, O.C.G.A. 44-9-1 recognizes a private way by implication of law when it is necessary to the enjoyment of lands granted by the same owner. The Court of Appeals in Szalay v. Albenberg (2015) applied the rule that there must be no other suitable outlet (an inconvenient route over the owner's own land is not enough unless overcoming it would cost out of proportion to the land's value), and O.C.G.A. 44-9-5 ends the way of necessity if the owner buys other land giving access to a highway over the owner's own land.

Can my neighbor block a private way I have used for years in Georgia?

O.C.G.A. 44-9-54 makes it unlawful for anyone to interfere with a private way that has been in constant and uninterrupted use for seven or more years when no legal steps have been taken to abolish it. Under O.C.G.A. 44-9-59, a person injured by an obstruction may petition the probate court in the county where the way has been used; if that use is shown and no steps were taken to prevent it, the judge orders the obstruction removed within 48 hours.

How do I stop someone from getting a prescriptive easement in Georgia?

Georgia's easement chapter contains no procedure for blocking prescription by posting a sign or recording a notice. Georgia's title-prescription statute, O.C.G.A. 44-5-161(b), says permissive possession cannot be the foundation of a prescription until an adverse claim and actual notice to the other party, and an owner closing a road used as a private way for a year or more must first give the users 30 days' written notice (O.C.G.A. 44-9-56).

How does an easement end in Georgia?

Under O.C.G.A. 44-9-6, an easement may be lost by abandonment or forfeited by nonuse that continues long enough to raise a presumption of release or abandonment; the statute names no number of years, but for an easement arising from prescription the Georgia Supreme Court has held the period generally follows the prescriptive period (Forehand v. Carter, 1999). A way of necessity ceases when the owner buys other land with highway access over the owner's own land (44-9-5), and a court-condemned private way that goes one year without the upkeep required by O.C.G.A. 44-9-45 is treated as abandoned.

Can Georgia take my property for a private developer?

Georgia's eminent domain law says the public benefit of economic development shall not constitute a public use (O.C.G.A. 22-1-1(9)(B)), and eminent domain may be used only for public use (22-1-2(a)). The listed public uses include public utilities, roads and the remedy of blight, so a taking that fits one of those categories can still proceed. A county, municipality or consolidated government may condemn blighted property under O.C.G.A. 22-1-15 when economic development is only a secondary or ancillary benefit, but only after a superior court determines the property is blighted, and each redevelopment condemnation needs a vote of the elected city or county governing authority (Ga. Const. art. IX, sec. II, para. VII(a)). Public utilities include railroads, and in Garrett v. Sandersville Railroad Co. (2026) the Georgia Court of Appeals upheld the approval of a private short-line railroad's condemnation of family land for a rail spur as a channel of trade.

Can a pipeline company use eminent domain in Georgia?

Natural gas pipeline operators may exercise eminent domain under O.C.G.A. 22-3-95. A petroleum pipeline company may not use eminent domain to build a new petroleum pipeline or an extension until the commissioner of transportation issues a certificate of public convenience and necessity and the Environmental Protection Division issues a permit (O.C.G.A. 22-3-82(a)); no certificate or permit is required when the company uses eminent domain for maintenance or expansion (22-3-82(b)).

How long do I have to appeal an eminent domain award in Georgia?

Under O.C.G.A. 22-2-112(a), an appeal from a special master's award must be filed in superior court within ten calendar days from service of the award, plus three additional calendar days for mailing, and accepting the award does not prevent an appeal of the amount (O.C.G.A. 22-2-113(a)). Other procedures differ: an appeal from an assessors' award is due within ten days from the time the award is filed (O.C.G.A. 22-2-80), and an owner contesting compensation in a Title 32 declaration of taking has 30 days from service (O.C.G.A. 32-3-14). A challenge to public use or the condemnor's authority is raised by motion before title vests or by exception within ten days of the special master's award (O.C.G.A. 22-1-11).

Does Georgia pay attorney fees in eminent domain cases?

O.C.G.A. 22-1-12 requires the court to award reasonable costs and expenses, including attorney, appraisal and engineering fees, when the final judgment is that the condemnor cannot acquire the property or the condemnor abandons the proceeding. Chapter 1 of Title 22 contains no general rule awarding fees because a jury's award exceeds the condemnor's offer. On federal-aid projects, O.C.G.A. 22-4-7 and 22-4-8 require public entities to pay the federal Uniform Act's litigation expenses when the condemnation fails or is abandoned or when an owner wins an inverse condemnation case over property taken for the project.

Can I get my property back if Georgia does not use it?

Except as provided in O.C.G.A. 22-1-15 (blight condemnations), under O.C.G.A. 22-1-2(c), if condemned property is not put to a public use within five years, the former owner may apply for reconveyance or a quitclaim of the property or for additional compensation. The application must be in writing and made within one year after the condemnor's notice; if the condemnor does not act within 60 days, the former owner may sue in superior court within the next 90 days. Property counts as put to public use once substantial good faith effort has been spent on the project, even if it is unfinished. Under subsection (e), the section does not apply to condemnations under the electric transmission-line section (22-3-162) or under Title 32, the transportation title.