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2018 Georgia Code 22-2-131 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 22-2-131 Case Law from Google Scholar Amendments to OCGA 22-2-131

TITLE 22 EMINENT DOMAIN

Section 2. Condemnation Procedure Generally, 22-2-1 through 22-2-142.

ARTICLE 3 PROCEEDING BEFORE COURT

22-2-131. Contents of petition.

  1. The petition referred to in Code Section 22-2-130 shall set forth:
    1. The facts showing the right to condemn;
    2. The property or interest 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. A description of any unknown persons or classes of unknown persons whose rights in the property or interest are to be affected;
    5. Such other facts as are necessary for a full understanding of the cause;
    6. A statement setting forth the necessity to condemn the private property and describing the public use for which the condemnor seeks the property; and
    7. A prayer for such judgment of condemnation as may be proper and desired.
  2. If any of the persons referred to in this Code section are minors or under disability, the fact shall be stated.

(Ga. L. 1914, p. 92, § 2; Code 1933, § 36-1105; Ga. L. 2006, p. 39, § 14/HB 1313.)

The 2006 amendment, effective April 4, 2006, deleted "and" at the end of paragraph (a)(5); added paragraph (a)(6); and redesignated former paragraph (a)(6) as paragraph (a)(7). For applicability, see Editor's notes.

Editor's notes.

- Ga. L. 2006, p. 39, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as 'The Landowner's Bill of Rights and Private Property Protection Act.'"

Ga. L. 2006, p. 39, § 25, not codified by the General Assembly, provides that the amendment to this Code section shall only apply to petitions for condemnation filed on or after April 4, 2006.

Law reviews.

- For article on 2006 amendment of this Code section, see 23 Ga. St. U.L. Rev. 157 (2006).

JUDICIAL DECISIONS

It is not necessary that condemnation petition allege unsuccessful effort to procure land by contract or a failure to agree as to compensation. Hoch v. Candler, 190 Ga. 390, 9 S.E.2d 622 (1940).

Where petition for condemnation as amended fully meets requirements of this section, the trial judge does not err in overruling a general demurrer (now motion to dismiss). Martin v. Fulton County, 213 Ga. 761, 101 S.E.2d 716 (1958).

Cited in United States v. A Certain Tract or Parcel of Land, 47 F. Supp. 30 (S.D. Ga. 1942); State Hwy. Dep't v. Hendrix, 215 Ga. 821, 113 S.E.2d 761 (1960).

RESEARCH REFERENCES

Am. Jur. 2d.

- 27 Am. Jur. 2d, Eminent Domain, §§ 395, 396.

9A Am. Jur. Pleading and Practice Forms, Eminent Domain, § 3.

C.J.S.

- 29A C.J.S., Eminent Domain, §§ 250-261.

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