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O.C.G.A. § 22-3-2 — Manner of service of notice | Georgia Code

O.C.G.A. § 22-3-2 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 22 EMINENT DOMAIN

Section 3. Exercise of Power of Eminent Domain for Special Purposes, 22-3-1 through 22-3-162.

ARTICLE 1 CONSTRUCTION, MAINTENANCE, ETC., OF TELEGRAPH AND TELEPHONE LINES ALONG RAILROAD RIGHTS OF WAY

22-3-2. Manner of service of notice.

Notice of condemnation shall be served upon the railroad company in the manner provided for the service of other actions upon railroad companies. It shall not be necessary to serve such notice upon any person or corporation other than the railroad company in possession of and operating the railroad whose right of way is sought to be condemned by the telegraph or telephone company for its use; and only the interest of such railroad company so served shall be affected by the proceedings.

(Ga. L. 1898, p. 54, § 1; Civil Code 1910, § 5237; Code 1933, § 36-702.)

JUDICIAL DECISIONS

This procedure affords due process of law to the railroad companies whose property is sought to be condemned. Savannah, Fla. & W. Ry. v. Postal Telegraph-Cable Co., 115 Ga. 554, 42 S.E. 1 (1902); Western & Atl. R.R. v. Western Union Tel. Co., 138 Ga. 420, 75 S.E. 471, 42 L.R.A. (n.s.) 225 (1912).

Contract alternative.

- Cable company that possessed certificate of authorization from Georgia Public Service Commission that allowed it to exercise eminent domain under O.C.G.A. § 46-5-1(a) properly entered into contract with railroad, in lieu of eminent domain proceedings, to allow construction of communication lines along railroad's rights of way. Davis v. Williams Communs., Inc., 258 F. Supp. 2d 1348 (N.D. Ga. 2003).

RESEARCH REFERENCES

Am. Jur. 2d.

- 27 Am. Jur. 2d, Eminent Domain, §§ 391, 394.

C.J.S.

- 30 C.J.S., Eminent Domain, §§ 245-249.

ALR.

- Eminent domain: permissible modes of service of notice of proceedings, 89 A.L.R.2d 1404.

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This Georgia Code resource is curated by Graham W. Syfert, Esq., 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.