Authority to Petition Superior Court for Judgment in Rem; Applicability to Acquisition of Public Property

  1. Law
  2. Georgia Code
  3. Eminent Domain
  4. Condemnation Procedure Generally
  5. Proceeding Before Court
  6. Authority to Petition Superior Court for Judgment in Rem; Applicability to Acquisition of Public Property

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  1. Whenever the government of the State of Georgia, the United States government, or any person having the privilege of exercising the right of eminent domain desires to take or damage private property in pursuance of any law so authorizing and finds or believes that the title of the apparent or presumptive owner of such property is defective, doubtful, incomplete, or in controversy or that there are or may be unknown persons or nonresidents who have or may have some claim or demand thereon or some actual or contingent interest or estate therein or that there are minors or persons under disability who are or may be interested therein or that there are taxes due or that should be paid thereon or concludes for any reason that it is desirable to have a judicial ascertainment of any question connected with the matter, such government or person may, through any authorized representative, petition the superior court of the county having jurisdiction for a judgment in rem against the property or interest, condemning the same to the use of the petitioner upon payment of just and adequate compensation therefor to the person or persons entitled to such payment.
  2. Notwithstanding the provisions of subsection (a) of this Code section, the provisions of this article shall also apply to the acquisition of public property or an interest therein by condemnation and the power of eminent domain. As used in this subsection, the term "public property" has the meaning provided for in Code Section 50-16-180.

(Ga. L. 1914, p. 92, § 1; Code 1933, § 36-1104; Ga. L. 1937-38, Ex. Sess., p. 251, § 1; Ga. L. 1986, p. 1187, § 3.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 27 Am. Jur. 2d, Eminent Domain, §§ 548 et seq., 563 et seq.

9A Am. Jur. Pleading and Practice Forms, Eminent Domain, §§ 2 et seq., 30 et seq.

ALR.

- Condemnation by de facto corporation, 44 A.L.R. 542.

Condemnation of public utility property for public utility purposes, 173 A.L.R. 1362.


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