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2018 Georgia Code 22-2-21 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 22-2-21 Case Law from Google Scholar Amendments to OCGA 22-2-21

TITLE 22 EMINENT DOMAIN

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

ARTICLE 1 PROCEEDING BEFORE ASSESSORS

22-2-21. Direction of notice where owner a minor or under disability; appointment of guardian ad litem.

  1. 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.
  2. 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.
  3. 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.

(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.)

The 2004 amendment, effective July 1, 2005, substituted "or her guardian" for "personal representative" at the end of subsection (a) and substituted "guardian" for "personal representative" at the beginning of the first sentence of subsection (b).

Editor's notes.

- Ga. L. 2004, p. 161, § 16, not codified by the General Assembly, 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 purpose 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

C.J.S.

- 29A C.J.S., Eminent Domain, §§ 204, 243.

ALR.

- Proceeds of sale or condemnation of real property of infant or incompetent as real or personal property, 90 A.L.R. 897.

Cases Citing O.C.G.A. § 22-2-21

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Georgia Dep't of Transp. v. Woodard, 254 Ga. 587 (Ga. 1985).

Cited 4 times | Published | Supreme Court of Georgia | Jul 2, 1985 | 331 S.E.2d 557

...dermen 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 be served upon the owners of remainders (now OCGA § 22-2-20; see also OCGA § 22-2-21 as to minors) was not met. A judgment in a condemnation proceeding such as this consists of two distinct pronouncements, one against the property (in rem) vesting title in the condemnor, OCGA § 22-2-130, the other awarding just and adequ...