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GA HB1148

Bill

Status

Introduced

3/14/2016

Primary Sponsor

John Pezold

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Origin

House of Representatives

2015-2016 Regular Session

AI Summary

  • Expands reimbursable costs for property owners in eminent domain cases under Code Section 22-1-12 to include expenses of litigation, investigation expenses, expert witness fees, and other trial preparation expenses, in addition to the already-covered attorney, appraisal, and engineering fees
  • Reimbursement applies when a court rules the condemning authority cannot acquire the property or when the condemning authority abandons the proceeding
  • Amends Code Section 32-3-19 governing transportation property acquisitions to require courts to include reasonable attorney's fees and litigation expenses (investigation costs, expert witness fees, and trial preparation expenses) in judgments entered after a jury verdict favoring the condemnee
  • Requires the condemning authority to deposit increased compensation amounts, accrued court costs, and the newly specified litigation expenses into the court registry, with the court clerk authorized to issue execution if the condemnor fails to pay
  • Maintains existing provisions on 7% per annum interest from date of taking to date of payment and rules governing bond posting and withdrawal of deposited funds

Legislative Description

Eminent domain; attorney's fees and expenses of trial in appeals to condemnation compensation award amounts; provide

Last Action

House Second Readers

3/16/2016

Full Bill Text

No bill text available