Ga. Ruling Will Curtail Systemic Condemnation Abuses
Law360, New York (September 19, 2014, 10:40 AM EDT) -- In a monumental decision in the case, Dillard Land Investments LLC v. Fulton County, ___ Ga. ___, 2014 Ga. LEXIS 583 (Case No. S13G1582, decided July 11, 2014), the Georgia Supreme Court has unanimously ruled that a condemning authority is not entitled to unilaterally dismiss a condemnation action after the special master has rendered an award. The Dillard decision clarifies Georgia condemnation law by explaining the limits of when a condemning authority may abandon a condemnation proceeding under O.C.G.A. §22-1-12 (2). Construing the statutory terms of O.C.G.A §22-1-12 (2) in a manner that harmonizes with prevailing Georgia law, Dillard provides consistency in ruling that a condemnor may not abandon a proceeding with the filing of a unilateral voluntary dismissal after the special master's award has been announced....
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