O.C.G.A. § 22-2-23 (2019)
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.
History
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.
Annotations
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, §§ 1 et seq., 32 et seq. ALR. - Eminent domain: permissible
modes of service of notice of proceedings, 89 A.L.R.2d 1404.