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O.C.G.A. § 22-2-24 — Direction of notice where owner unknown or where unknown remaindermen possible; right of owner to second assessment upon his appearance; return of surplus award to condemnor | Georgia Code

O.C.G.A. § 22-2-24 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 22 EMINENT DOMAIN

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

ARTICLE 1 PROCEEDING BEFORE ASSESSORS

22-2-24. Direction of notice where owner unknown or where unknown remaindermen possible; right of owner to second assessment upon his appearance; return of surplus award to condemnor.

If the owner of the property or of any interest therein is unknown or if there is a possibility of unborn remaindermen having an interest, notice shall be served on the person in actual possession of the property or interest and also on the judge of the probate court of the county where the property or interest is located, who shall act for the unknown owner as provided for unrepresented minors in Code Section 22-2-21, provided that, whenever the unknown owner may appear, he may ask for and have another assessment under the terms of this title and he shall receive the amount then assessed. If the second assessment is less than the first, the judge of the probate court shall return the surplus to the person originally condemning.

(Ga. L. 1894, p. 95, § 10; Civil Code 1895, § 4666; Civil Code 1910, § 5215; Code 1933, § 36-310.)

JUDICIAL DECISIONS

Cited in City of Cartersville v. Sloan, 105 Ga. App. 754, 125 S.E.2d 522 (1962).

RESEARCH REFERENCES

C.J.S.

- 72 C.J.S., Process, § 43 et seq.

ALR.

- Are different estates or interests in real property taken under eminent domain to be valued separately, or is entire property to be valued as a unit and the amount apportioned among separate interests, 69 A.L.R. 1263, 166 A.L.R. 1211.

Rights in condemnation award where land taken was subject to possible rights of reverter or reentry, 81 A.L.R.2d 568.

Distribution as between life tenant and remainderman of proceeds of condemned property, 91 A.L.R.2d 963.

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.