United States:
Ga. Supreme Court Prohibits Abandonment Of Condemnation After Award By Special Master
29 September 2014
Fox Rothschild LLP
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The Georgia Supreme Court recently ruled that a condemning
authority cannot unilaterally dismiss a condemnation action after
the special master has rendered an award. In Dillard Land
Investments LLC v. Fulton County, 2014 Ga. LEXIS 583 (Case No.
S13G1582, decided July 11, 2014), Fulton County filed a
petition for condemnation for a library development project. The
county elected to proceed under the "special master"
method codified at O.C.G.A. §§22-2-100 to 22-2-114.
Following a hearing, the special master entered a just compensation
award in the amount of $5,187,500.
Apparently unhappy with the award, the County filed a voluntary
dismissal of the condemnation action without prejudice. However,
the Georgia Supreme Court unanimously held that "a condemnor
is not entitled to voluntarily dismiss a condemnation action
unilaterally once the special master renders his award."
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