Golfland, Inc. v. Thomas

2 Citing cases

  1. Zuber Lumber Co. v. City of Atlanta

    237 Ga. 358 (Ga. 1976)   Cited 24 times
    In Zuber, the court held that the Special Master had exceeded his power by ruling on the termination of a lease and a sublease occasioned by the condemnation of the subject property.

    See in this connection: C. S. Nat. Bank v. Fulton County, 123 Ga. App. 323 ( 180 S.E.2d 905) (1971); Conyers v. Fulton County, 117 Ga. App. 649 ( 161 S.E.2d 347) (1968) (cert. den., 117 Ga. App. 879); and Golfland, Inc. v. Thomas, 107 Ga. App. 563 ( 130 S.E.2d 757) (1963). The primary duty of the Special Master is to ascertain the total amount in money that will be equivalent to "just and adequate compensation" for the property and interests in property being taken by the condemnor.

  2. Fourth National Bank v. Grant

    230 S.E.2d 60 (Ga. Ct. App. 1976)   Cited 2 times
    In Fourth Nat. Bank of Columbus v. Grant, 140 Ga. App. 78 (230 S.E.2d 60) (1976), this court held that under the above-quoted code section, the trial judge is empowered to disburse condemnation proceeds to those "justly entitled" thereto, after hearing their respective claims.

    The procedure used by appellee to comply with Code Ann. § 36-616a (a money rule) was proper. Golfland, Inc. v. Thomas, 107 Ga. App. 563 ( 130 S.E.2d 757). Nor was it error to fail to submit to a jury the question of apportionment of the condemnation proceeds between the appellee's land and that which the appellant held as Mr. Anthony's administrator. Code Ann. § 36-602a states in part that the Code Chapter on Condemnation Before Special Master, which includes § 36-616a, is "intended to provide a simpler and more effective method of condemnation in those cases where ... conflicting interests or doubtful questions render a judicial supervision of the procedure desirable." (Emphasis supplied.)