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2018 Georgia Code 22-2-23 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 22-2-23 Case Law from Google Scholar Amendments to OCGA 22-2-23

TITLE 22 EMINENT DOMAIN

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

ARTICLE 1 PROCEEDING BEFORE ASSESSORS

22-2-23. Direction of notice where owner or guardian a nonresident; representation by judge of the probate court of nonresident owners and others whose addresses are unknown.

If the owner of the property or of any interest therein or the guardian of any owner resides out of the state, notice shall be served on the person in possession of the property or interest. Notice shall also be served on the nonresident owner or owners or the nonresident guardian as provided in Code Section 32-3-9. If the address of the owner or owners or of the guardian is not known, the judge of the probate court of the county where the property or interest is located shall act for such nonresident owners in the manner provided for unrepresented minors in Code Section 22-2-21.

(Ga. L. 1894, p. 95, § 9; Civil Code 1895, § 4665; Civil Code 1910, § 5214; Code 1933, § 36-309; Ga. L. 2004, p. 161, § 4.2.)

The 2004 amendment, effective July 1, 2005, substituted "guardian" for "personal representative" three times throughout this Code section.

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

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).

Cited in Whitney v. Central Ga. Power Co., 134 Ga. 213, 67 S.E. 197, 19 Ann. Cas. 982 (1910).

RESEARCH REFERENCES

C.J.S.

- 72 C.J.S., Process, §§ 43 et seq., 73, 74.

ALR.

- Eminent domain: permissible modes of service of notice of proceedings, 89 A.L.R.2d 1404.

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