Contents of Condemnation Petition; Notice

  1. Law
  2. Georgia Code
  3. Highways, Bridges, and Ferries
  4. Acquisition of Property for Transportation Purposes
  5. General Provisions
  6. Contents of Condemnation Petition; Notice

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  1. The petition referred to in Code Section 32-3-4 shall set forth:
    1. The facts showing the right to condemn;
    2. The property or interests to be taken or damaged;
    3. The names and residences of the persons whose property or interests are to be taken or otherwise affected, so far as known;
    4. Descriptions of the persons or classes of unknown persons whose rights therein are to be excluded or otherwise affected;
    5. Such other facts as are necessary for a full understanding of the cause;
    6. A prayer for the judgment of the court in accordance with Code Section 32-3-13 or 32-3-19; and
    7. The date of the approval of the original location of the highway.
  2. If any of the persons referred to in the petition are, so far as may be known, minors or under disability, that fact shall be stated.
  3. It shall be the duty of the condemning authority, within 30 days from the date of the original approval and designation of said location as a highway, to cause the location of said highway in said county to be advertised once each week for four consecutive weeks in the newspaper of the county in which the sheriff's advertisements are carried; and said advertisement shall designate the land lots or land districts of said county through which such highway will be located. Said advertisement shall further show the date of the original location of such highway as provided for in this subsection. Said advertisement shall further state that a plat or map of the project showing the exact date of the original location is on file at the office of the Department of Transportation and that any interested party may obtain a copy of same by writing to the Department of Transportation and paying a nominal cost therefor.

(Code 1933, § 95A-604, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1998, p. 1539, § 10.)

Law reviews.

- For review of 1998 legislation relating to eminent domain, see 15 Ga. St. U. L. Rev. 115 (1998). For annual survey on real property law, see 61 Mercer L. Rev. 301 (2009).

JUDICIAL DECISIONS

Necessity of taking is presumed.

- O.C.G.A. § 32-3-5 does not require the condemnor in its condemnation to establish the necessity of condemning the particular property taken; necessity is presumed, and the presumption is rebutted only by a showing by the condemnee of fraud or bad faith by the condemnor in its decision to condemn the land. West v. DOT, 176 Ga. App. 806, 338 S.E.2d 45 (1985).

Descriptions sufficiently clear to allow proof of damages.

- When the notice clearly described and depicted the easement areas and specified the permanent nature of the easements, the descriptions were sufficiently clear to allow proof of damages. Skipper v. DOT, 197 Ga. App. 634, 399 S.E.2d 538 (1990).

Property or interests to be taken or damaged.

- Court did not abuse the court's discretion when the court directed the Department of Transportation as condemnor to recast the department's declaration of taking to include reasonably foreseeable personalty and fixtures. DOT v. Whitfield, 233 Ga. App. 747, 505 S.E.2d 247 (1998).

Cited in DOT v. Olshan, 237 Ga. 213, 227 S.E.2d 349 (1976); Robinson v. DOT, 185 Ga. App. 597, 364 S.E.2d 884 (1988); DOT v. Morris, 186 Ga. App. 673, 368 S.E.2d 155 (1988); Bates & Assocs. v. Department of Transp., 186 Ga. App. 828, 368 S.E.2d 544 (1988); DOT v. Whitfield, 233 Ga. App. 747, 505 S.E.2d 247 (1998).


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