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Happoldt v. Monroe County

The trial court lacked authority to award a portion of the condemnation proceeds to the county to satisfy the condemnee's alleged personal debt.

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James M. Happoldt, Jr. accepted the Superior Court’s award of $18,585 as compensation for real property owned by him and taken in a condemnation action brought by Monroe County pursuant to OCGA § 32-3-1 et seq. Happoldt appeals from the Court’s order in the condemnation action finding he was indebted to the County and distributing a portion of the compensation fund to Monroe County to satisfy the debt. We find the Superior Court had no authority under the condemnation procedures to rule on the County’s motion seeking to establish that the condemnee, Happoldt, was personally indebted to the County and further seeking distribution of a portion of the compensation fund to the County to satisfy the claimed debt. Accordingly, we reverse.

After the County paid $18,585 into the registry of the Superior Court as compensation for the property taken, the County filed a motion in the condemnation action claiming it was entitled to a portion of that money. The motion alleged that Happoldt, who was incarcerated for criminal offenses committed in Monroe County, owned the real property at issue when he was charged with the offenses, and that he defrauded the County in the criminal case by claiming indigence and obtaining a court-appointed defense attorney at County expense.

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