O.C.G.A. § 22-1-6: Right of persons to take or damage private property upon payment of just and adequate compensation.

If a person who is authorized to exercise the power of eminent domain cannot by contract procure the property or the easement, right of way, waterway, franchise, or other interest sought to be condemned, the person may take or damage the property or interest upon paying or tendering to the owner thereof just and adequate compensation.