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2018 Georgia Code 22-2-25 | Car Wreck Lawyer

TITLE 22 EMINENT DOMAIN

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

ARTICLE 1 PROCEEDING BEFORE ASSESSORS

22-2-25. Manner and time of service.

  1. Unless service is acknowledged or waived, a copy of the notice of condemnation shall be served by a sheriff or deputy at least 15 days before the day fixed for assessing the damage either:
    1. Personally on the owner of the property or other interest or on the representative of any owner or on any other person entitled to service;
    2. By leaving a copy of the notice at the residence of the owner, representative, or other person entitled to service; or
    3. In the case of an owner, representative, or other person entitled to service who is a nonresident, by mailing a copy to that person's last known address.
  2. In cases where service cannot be effected by leaving notice at place of residence or by personal service:
    1. Fifteen days before the day fixed for assessing the damages, the sheriff shall post the notice at the door of the courthouse of the county where the property or interest is located; and
    2. One week before the day fixed for assessing the damages, the sheriff shall cause the notice to be published once in the official organ of the county.

(Ga. L. 1894, p. 95, §§ 11, 12; Civil Code 1895, §§ 4667, 4668; Civil Code 1910, §§ 5216, 5217; Code 1933, §§ 36-311, 36-312; Ga. L. 1966, p. 248, § 1.)

JUDICIAL DECISIONS

Assessor to be appointed by hearing date fixed in notice.

- Construing together subsection (a) of this section and §§ 22-2-20,22-2-26, and22-2-41, the landowner has until the day fixed for the hearing in the notice in which to appoint his assessor, which hearing shall not be less than 15 days from the time of serving the notice. A different ruling is not required by the decision in City of Elberton v. Adams, 130 Ga. 501, 61 S.E. 18 (1908); Sheppard v. City of Edison, 161 Ga. 907, 132 S.E. 218 (1926).

RESEARCH REFERENCES

Am. Jur. 2d.

- 27 Am. Jur. 2d, Eminent Domain, § 394.

C.J.S.

- 29A C.J.S., Eminent Domain, §§ 245-249. 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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