This Court granted certiorari to the Court of Appeals in Orr v. Ga. Transmission Corp. , 280 Ga. App. 251 633 SE2d 564 2006, to consider whether the Court of Appeals correctly held that the date of taking in this case was the date of filing of the original condemnation petition as provided by OCGA § 22-2-109a.1 For the reasons which follow, we conclude that in the circumstances of this case, the date of taking is not governed by OCGA § 22-2-109 a, but by the date the condemnor paid the amount of the special master’s award into the registry of the court pursuant to the superior court’s order making said award the judgment of the court. Consequently, we reverse. The relevant facts are outlined in the opinion by the Court of Appeals. On October 30, 2001, Georgia Transmission Corporation “GTC” filed a condemnation petition in the Superior Court of Forsyth County seeking “to acquire an easement for a right-of-way . . . in order to locate, construct, operate, and maintain electric transmission and distribution lines with towers, frames, poles, and related necessary facilities, for the purpose of transmitting and distributing electric current” across property of, among others, Lanier Orr and the Estate of Emma Lee Orr collectively “Orr”. The petition also included a request for an easement to enter onto adjoining lands to remove dangerous trees “dangerous tree maintenance easement”. After a hearing, the special master, on December 19, 2001, awarded Orr $15,775 as the fair market value of the property or interest sought to be condemned, and $16,000 in consequential damages to the remaining property or interest. Also, the special master resolved nonvalue issues in favor of the petitioner.
Pursuant to OCGA § 22-2-112,2 Orr filed a notice of appeal for a jury trial on the issues of value and damages and additionally filed exceptions to the ruling on nonvalue issues, asserting, inter alia, that the portion of the petition involving the dangerous tree maintenance easement was vague and indefinite resulting in the improper exercise of eminent domain. The superior court overruled the exceptions and entered a judgment adopting the award of the special master on March 22, 2002. GTC paid the amount of the award of the special master into the court registry on June 5, 2002.
