Supreme Court of Georgia
City of Marietta v. Summerour
October 30, 2017
Summary
The court held that the statutory protections governing pre-condemnation negotiations are mandatory to the extent practicable and judicially enforceable. Because Marietta failed to provide Summerour with a timely appraisal summary before or soon after negotiations began, it acted outside its condemnation authority, requiring dismissal of its petition without an additional bad-faith inquiry. The court affirmed the setting aside of the condemnation order but reversed the direction to reconsider bad faith.