Contents of Notice

  1. Law
  2. Georgia Code
  3. Eminent Domain
  4. Condemnation Procedure Generally
  5. Proceeding Before Assessors
  6. Notice of Condemnation
  7. Contents of Notice

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  1. All notices shall be directed to the owner of the property or of any interest therein and shall:
    1. Describe the property or franchise and the amount of interest therein sought to be condemned;
    2. Fix the time when the hearing will be had on the premises;
    3. Give the name of the assessor selected by the person seeking condemnation; and
    4. Request the owner or owners, the trustee, or the representative, as the case may be, to select an assessor.
  2. If the owner is unknown, the notice shall be directed to "all persons having any interest in the property located at ________ (description of location of property)."

(Ga. L. 1894, p. 95, § 13; Civil Code 1895, § 4669; Civil Code 1910, § 5218; Code 1933, § 36-313.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 27 Am. Jur. 2d, Eminent Domain, § 433 et seq.

C.J.S.

- 29A C.J.S., Eminent Domain, § 306 et seq. 72 C.J.S., Process, §§ 1 et seq., 32 et seq.

PART 3 SELECTION AND OATH OF ASSESSORS

JUDICIAL DECISIONS

Condemnor chooses its method of procedure, and it is bound by the provisions of law following its own election. The property owner is also bound, although the owner did not choose the method of procedure. Johnson v. Fulton County, 103 Ga. App. 873, 121 S.E.2d 54 (1961).

Statutory construction when procedural provisions incomplete.

- When wording is taken from a prior statute, or when Ga. L. 1957, p. 387, § 1 et seq. (see O.C.G.A. T. 22, C. 2, Art. 2) fails to be complete within itself, then reference to the provisions for proceedings before assessors is permitted to fill in the void. Johnson v. Fulton County, 103 Ga. App. 873, 121 S.E.2d 54 (1961).

Cited in United States v. A Certain Tract or Parcel of Land, 47 F. Supp. 30 (S.D. Ga. 1942); Minsk v. Fulton County, 83 Ga. App. 520, 64 S.E.2d 336 (1951); State Hwy. Dep't v. Hendrix, 215 Ga. 821, 113 S.E.2d 761 (1960); Mitchell v. State Hwy. Dep't, 216 Ga. 517, 118 S.E.2d 88 (1961).


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