O.C.G.A.

O.C.G.A. § 22-2-21 (2019)

Direction of notice where owner a minor or under disability; appointment of guardian ad litem

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) If the owner of the property or of any interest therein is a minor or under any disability whatsoever, notice of condemnation shall be served upon his or her guardian.

(b) If there is no guardian, notice shall be served personally on the minor and on the judge of the probate court of the county where the property or interest is located. The judge shall thereupon appoint a guardian ad litem to represent the minor in the litigation.

(c) If the judge of the probate court is disqualified, by reason of interest or other cause, notice shall be served on the clerk of the superior court of the county where the property or interest is located, who shall appoint a guardian ad litem to represent the minor.

History

Ga. L. 1894, p. 95, §§ 5-7; Civil Code 1895, §§ 4661, 4662, 4663; Civil Code 1910, §§ 5210, 5211, 5212; Code 1933, §§ 36-305, 36-306, 36-307; Ga. L. 2004, p. 161, § 4.1.

Annotations

Editor’s notes. - Ga. L. 2004, p. 161, § 16, not codified by the General Assem-

bly, provides that: ‘‘This Act shall become effective on July 1, 2005, and all appointments of guardians of the person or property made pursuant to former Title 29 shall continue in effect and shall thereafter be governed by the provisions of this Act.’’

JUDICIAL DECISIONS 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 pur-

pose could obtain monetary relief for the value of their remaindermant 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).

RESEARCH REFERENCES ALR. - Proceeds of sale or condemnation of real property of infant or incompe-

tent as real or personal property, 90 A.L.R. 897.

Notes of Decisions

Cited in 1 case, 1985–1985 · leading case: Georgia Dep't of Transp. v. Woodard, 331 S.E.2d 557 (Ga. 1985).

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Georgia Dep't of Transp. v. Woodard, 331 S.E.2d 557 (Ga. 1985). · cites it 2× “Plaintiffs respond that the condemnation judgment did not vest fee simple title in DOT because the remaindermen were known to DOT by virtue of the recording of the deed from Sara Woodard and because the statutory requirement applicable to the condemnation proceeding that notice…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.