440 S.E.2d 774 | Ga. Ct. App. | 1994
Appellee-condemnor, seeking to condemn a 1.99 acre of property pursuant to OCGA § 22-2-100, filed a condemnation action in the Superior Court of Bryan County against appellant and other named
“Where an appeal to a jury as to value is pending, the judgment of condemnation under the special master’s condemnation procedure is not a final judgment subject to review. . . .” City of Atlanta v. Turner Advertising Co., 234 Ga. 1, 2 (214 SE2d 501) (1975). Consequently, this appeal must be dismissed. However, “[a]ppellant will be entitled to appeal directly and raise all issues regarding the condemnation of [his] property when the issue of just and adequate compensation is no longer pending below and all issues have become final. [Cit.]” (Emphasis in original.) Cook v. Ga. Power Co., 204 Ga. App. 119, 120 (418 SE2d 451) (1992).
Appeal dismissed.