Notice must describe property with same definiteness as deed.

- Preliminary to the exercise of power of eminent domain for the purpose of opening a public street it is incumbent upon the city to serve a notice upon the owner of the property sought to be condemned, which shall describe the property, with the same definiteness as is required in a deed of conveyance of land. Glidden Co. v. City of Collins, 189 Ga. 656, 7 S.E.2d 266 (1940).

Preliminary to the exercise of the power granted by § 22-3-20, for the purpose of erecting an electric line with necessary poles and fixtures, it is incumbent upon the power company to serve a notice on the owner of the property sought to be condemned, which notice shall describe the property with the same definiteness as is required in a deed of conveyance of land. Gunn v. Georgia Power Co., 205 Ga. 85, 52 S.E.2d 449 (1949).

The notice of an intention to condemn an easement in property which must be given under this section requires the condemnor to describe the property in which an easement is to be acquired with the same degree of definiteness as is required in a deed to land. B. & W. Hen Farm, Inc. v. Georgia Power Co., 222 Ga. 830, 152 S.E.2d 841 (1966); City of Atlanta v. Airways Parking Co., 225 Ga. 173, 167 S.E.2d 145 (1969).

Notice to secure easement of flowage held sufficient.

- See Central Ga. Power Co. v. Maddox, 135 Ga. 246, 69 S.E. 109 (1910).

Assessor to be appointed by hearing date fixed in notice.

- Construing together this section and §§ 22-2-20,22-2-25(a), 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).

Cited in Harrison v. State Hwy. Dep't, 183 Ga. 290, 188 S.E. 445 (1936); Hoch v. Candler, 190 Ga. 390, 9 S.E.2d 622 (1940).

Am. Jur. 2d.

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

C.J.S.

- 29A C.J.S., Eminent Domain, §§ 243, 244. 30 C.J.S., Eminent Domain, §§ 292-294. 72 C.J.S., Process, §§ 43 et seq., 73, 74.

Statutory construction where procedural provisions incomplete.

- Where wording is taken from a prior statute, or where Art. 2 of this chapter fails to be complete within itself, then reference to the provisions for proceedings before assessors is permitted to fill in the void. Johnson v. Fulton County, 103 Ga. App. 873, 121 S.E.2d 54 (1961).

Cited in United States v. A Certain Tract or Parcel of Land, 47 F. Supp. 30 (S.D. Ga. 1942); Minsk v. Fulton County, 83 Ga. App. 520, 64 S.E.2d 336 (1951); State Hwy. Dep't v. Hendrix, 215 Ga. 821, 113 S.E.2d 761 (1960); Mitchell v. State Hwy. Dep't, 216 Ga. 517, 118 S.E.2d 88 (1961).