O.C.G.A. § 22-2-20 (2019)

Annotations

JUDICIAL DECISIONS Statutory requirements as to service must be observed. - A condemnation proceeding under the power of eminent domain, even if it be considered as an action in rem, is a statutory proceeding, and statutory requirements as to service must be observed. Chattooga County v. Scott, 215 Ga. 68, 108 S.E.2d 876 (1959). ‘‘Property’’ for purposes of O.C.G.A. T. 22, C. 2, Art. 1 is limited to ‘‘private property’’ as indicated by the original enacting Act (Ga. L. 1894, p. 95) and by operation of O.C.G.A. § 22-1-8. DOT v. City of Atlanta, 255 Ga. 124, 337 S.E.2d 327 (1985). Notice must describe property with same definiteness as deed. - Preliminary to the exercise of power of eminent domain for the purpose of opening a public street it is incumbent upon the city to serve a notice upon the owner of the property sought to be condemned, which shall describe the property, with the same definiteness as is required in a deed of conveyance of land. Glidden Co. v. City of Collins, 189 Ga. 656, 7 S.E.2d 266 (1940). Preliminary to the exercise of the power

granted by former Code 1933, § 36-801 (see O.C.G.A. § 22-3-20) for the purpose of erecting an electric line with necessary poles and fixtures, it was incumbent upon the power company to serve a notice on the owner of the property sought to be condemned, which notice shall describe the property with the same definiteness as was required in a deed of conveyance of land. Gunn v. Georgia Power Co., 205 Ga. 85, 52 S.E.2d 449 (1949). Assessor to be appointed by hearing date fixed in notice. - Construing together former Code 1933, §§ 36-304, 36-311, 36-312, 36-313, 36-401 (see O.C.G.A. §§ 22-2-20, 22-2-25, 22-2-26, and 22-2-41), the landowner had until the day fixed for the hearing in the notice in which to appoint an assessor, which hearing shall not be less than 15 days from the time of serving the notice. A different ruling was not required by the decision in City of Elberton v. Adams, 130 Ga. 501, 61 S.E. 18 (1908). Sheppard v. City of Edison, 161 Ga. 907, 132 S.E. 218 (1926). Notice cannot be amended while matter is before assessors. Nashville,

C. & S.L. Ry. v. Western Union Tel. Co., 142 Ga. 525, 83 S.E. 123 (1914). Amendment reducing amount of property from fee simple to easement is permitted on appeal. Georgia G.R.R. v. Venable, 129 Ga. 341, 58 S.E. 864 (1907). Judgment void when owner not named or served. - When the owner is not named or served in a three-appraiser proceeding, and neither acknowledges nor waives service, a judgment rendered in such proceeding is void, though the court had jurisdiction of the subject matter. DOT v. Garrett, 154 Ga. App. 104, 267 S.E.2d 643 (1980). Mistake as to identity of owner does not absolutely void proceeding. - In rem proceedings involving eminent domain takings, when there has been an error as to the true owner of the property such that the true owner has not in fact been given notice and an opportunity to be heard, will not absolutely void a completed proceeding, and the true owner cannot have the judgment set aside, but is relegated to a claim in personam based on one’s right to compensation. DOT v. Garrett, 154 Ga. App. 104, 267 S.E.2d 643 (1980). Unauthorized notice given by president of corporation cannot be ratified by directors. Bridwell v. Gate City

Term. Co., 127 Ga. 520, 56 S.E. 624, 10 L.R.A. (n.s.) 909 (1907). Notice held sufficient. - A notice which stated that condemnor was a corporation of this state, and proposed to use the property for railway purposes and that the property was necessary for public purposes, is sufficient. Central of Ga. Ry. v. Bibb Brick Co., 149 Ga. 83, 99 S.E. 126 (1919). Relief for owners of remainder interest not made parties to condemnation proceeding. - Owners of remainder interest in property who were not made parties to an in rem proceeding to condemn that property for a public purpose could obtain monetary relief for the value of their remainder but could not set aside the judgment of condemnation awarding title to a public body. Georgia Dep’t of Transp. v. Woodward, 254 Ga. 587, 331 S.E.2d 557 (1985). Lessee entitled to notice. - Lessee of property which was subjected to a partial taking was entitled to notice from the condemnor, not the lessor. Sims v. Foss, 201 Ga. App. 345, 411 S.E.2d 59 (1991). Cited in Central of Ga. Ry. v. Thomas, 167 Ga. 110, 144 S.E. 739 (1928); Ammons v. Central of Ga. Ry., 215 Ga. 758, 113 S.E.2d 438 (1960); Robinson v. Transcontinental Gas Pipe Line Corp., 306 F. Supp. 201 (N.D. Ga. 1969).

RESEARCH REFERENCES Am. Jur. 2d. - 27 Am. Jur. 2d, Eminent Domain, § 433 et seq. C.J.S. - 29A C.J.S., Eminent Domain, §§ 250 et seq., 270 et seq. ALR. - Protection of rights of mortgagee in eminent domain proceedings, 58 A.L.R. 1534; 110 A.L.R. 542; 154 A.L.R. 1110. Right to damages or compensation upon condemnation of property, of holder of

unexercised option to purchase, 85 A.L.R.2d 588. Rights and liabilities of parties to executory contract for sale of land taken by eminent domain, 27 A.L.R.3d 572. Validity, construction, and effect of statute or lease provision expressly governing rights and compensation of lessee upon condemnation of leased property, 22 A.L.R.5th 327.