O.C.G.A. § 22-2-26 (2019)
Contents of notice
(a) All notices shall be directed to the owner of the property or of any interest therein and shall:
(1) Describe the property or franchise and the amount of interest therein sought to be condemned;
(2) Fix the time when the hearing will be had on the premises;
(3) Give the name of the assessor selected by the person seeking condemnation; and
(4) Request the owner or owners, the trustee, or the representative, as the case may be, to select an assessor.
(b) If the owner is unknown, the notice shall be directed to ‘‘all persons having any interest in the property located at (description of location of property).’’
History
Ga. L. 1894, p. 95, § 13; Civil Code 1895, § 4669; Civil Code 1910, § 5218; Code 1933, § 36-313.
Annotations
JUDICIAL DECISIONS 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 former Code 1933, § 36-801 (see O.C.G.A. § 22-3-20), for the purpose of erecting an electric line with necessary poles and fixtures, it was 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 was 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. Air-
T.22, C.2, A.1, P.3
ways 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 former Code 1933, §§ 36-304, 36-311, 36-312, 36-313, 36-401 (see O.C.G.A. §§ 22-2-20, 22-2-25, 22-2-26, and 22-2-41), the landowner had until the day fixed for the hearing in the notice in which to appoint an assessor, which hearing shall not be less than 15 days from the time of serving the notice. A different ruling was 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).
RESEARCH REFERENCES Am. Jur. 2d. - 27 Am. Jur. 2d, Eminent Domain, § 433 et seq. C.J.S. - 29A C.J.S., Eminent Domain,
§ 306 et seq. 72 C.J.S., Process, §§ 1 et seq., 32 et seq.
PART 3 SELECTION AND OATH OF ASSESSORS JUDICIAL DECISIONS Condemnor chooses its method of procedure, and it is bound by the provisions of law following its own election. The property owner is also bound, although the owner did not choose the method of procedure. Johnson v. Fulton County, 103 Ga. App. 873, 121 S.E.2d 54 (1961). Statutory construction when procedural provisions incomplete. - When wording is taken from a prior statute, or when Ga. L. 1957, p. 387, § 1 et seq. (see O.C.G.A. T. 22, C. 2, Art. 2) fails to be complete within itself, then refer-
ence 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).