Opinion
32984.
ARGUED NOVEMBER 17, 1977.
DECIDED JANUARY 24, 1978.
Distribution of condemnation proceeds; title to land. Muscogee Superior Court. Before Judge Land.
Ron S. Iddins, for appellants.
Champion Champion, Forrest L. Champion, for appellees.
The Department of Transportation brought a proceeding in rem in Muscogee Superior Court to condemn a tract of land of approximately 64 acres. An order was entered decreeing title to the property in the condemnor, and the estimated compensation was deposited in the registry of the court. The condemnor appealed from a judgment in the case which, inter alia, ordered separate appraisals, separate deposits of estimated compensation for each parcel, and separate trials as to each parcel. This court reversed those provisions of the judgment. Dept. of Transportation v. Olshan, 237 Ga. 213 ( 227 S.E.2d 349) (1976). The present appeal is from a judgment apportioning the proceeds of the condemnation award among the condemnees, who are holders of first-lien and second-lien security deeds on the various parcels contained within the boundaries of the 64-acre tract. Held:
The appellants assert in their notice of appeal that jurisdiction is in this court for the reason that the case involves the condemnation of realty and title to land. "This court has repeatedly held that where title to land has been decreed in the condemnor, incidental questions determining the rights of parties to receive the award of condemnation money, not directly involving the title to land, do not give this court jurisdiction of a condemnation case. See Wilson v. State Hwy. Dept., 208 Ga. 510 ( 67 S.E.2d 578) [1951]; Boswell v. Underwood, 217 Ga. 675 ( 124 S.E.2d 394) [1962]; Grant v. Oakey, 218 Ga. 723 ( 130 S.E.2d 490) [1963]; Howard v. Pate, 218 Ga. 741 ( 130 S.E.2d 752) [1963]; Richardson v. Anderson, 219 Ga. 264 ( 133 S.E.2d 16) [1963]; State Hwy. Dept. v. Holleman, 220 Ga. 72 ( 137 S.E.2d 39) [1964]. The jurisdiction of the present case is in the Court of Appeals, and not this court." DeKalb County v. Jackson-Atlantic Co., 226 Ga. 664 ( 177 S.E.2d 90) (1970).
Transferred to the Court of Appeals. All the Justices concur, except Jordan, Hall and Bowles, JJ., who dissent.