O.C.G.A.

O.C.G.A. § 32-3-10 (2019)

Substantial compliance with Code Sections 32-3-8 and (a) The proceeding described in this article being in rem, no provision in Code Sections 32-3-8 and 32-3-9 as to service shall be so construed as to invalidate the intent of the condemnor or as to delay the taking of the property or interest described in the declaration of taking and in the petition or in any manner as to delay the progress of the work for which the taking was made; and a substantial compliance with the provisions for service as heretofore set out in this article shall be deemed sufficient

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(b) At any stage of the cause before final verdict and judgment, the judge of the superior court may order such additional service to be made or such additional parties to be named as may be required by equity and justice; but this shall not be so construed as to invalidate the taking or delay the progress of the work.

History

Code 1933, § 95A-606, enacted by Ga. L. 1973, p. 947, § 1.

Annotations

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Civil Code 1985, § 520 and former Civil Code 1910, § 640, which

were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section.

Statutory construction. - Ga. L. 1973, p. 947, § 1 requires that the petition and declaration be served personally, but personal service as defined in Ga. L. 1972, p. 689, §§ 1-3 does not conflict with this requirement. DOT v. Ridley, 244 Ga. 49, 257 S.E.2d 511 (1979). No injunction in advance of hearing if ample legal remedy. - As the landowner’s remedy at law was ample, it was not erroneous to refuse to enjoin the county from continuing a proceeding in advance of the hearing provided for in former Civil Code 1895, § 641. Atlanta & W.P.R.R. v. Redwine, 123 Ga. 736, 51 S.E. 724 (1905); Hutchinson v. Lowndes County, 131 Ga. 637, 62 S.E. 1048 (1908); Ballard v. Jones, 148 Ga. 513, 97 S.E. 443 (1918) (decided under former Civil Code 1895, § 520 and former Civil Code 1910, § 640). Condemnee’s right to service unless voluntarily waived. - Condemnees have a perfect right to waive

service and come in, but until the condemnees are properly served, and unless the record shows this fact by a proper return of service, the right remains until the right is voluntarily waived. Knight v. Department of Transp., 134 Ga. App. 332, 214 S.E.2d 418 (1975). Timeliness of appeal. - When the appeal was filed more than 30 days from the date of personal service, although less than 30 days from the completion of advertising as provided for in Ga. L. 1973, p. 947, § 1, the appeal was not timely. DOT v. Brooks, 143 Ga. App. 872, 240 S.E.2d 163 (1977). Cited in DOT v. Massengale, 141 Ga. App. 70, 232 S.E.2d 608 (1977); DOT v. Harrison, 154 Ga. App. 118, 267 S.E.2d 651 (1980); Robinson v. DOT, 185 Ga. App. 597, 364 S.E.2d 884 (1988); DOT v. Morris, 186 Ga. App. 673, 368 S.E.2d 155 (1988).

Notes of Decisions

Cited in 3 cases, 1988–2019 · leading case: Dep't of Transp. v. Morris, 368 S.E.2d 155 (Ga. Ct. App. 1988).

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Dep't of Transp. v. Morris, 368 S.E.2d 155 (Ga. Ct. App. 1988). · cites it 4× “See also OCGA § 32-3-10. The question remains, however, as to whether the trial court erred in also refusing to grant DOT's motion to dismiss as to appellee Morris, who filed his notice of appeal thirty-one days after personal service of the petition and declaration of taking.”

Robinson v. Dep't of Transp., 364 S.E.2d 884 (Ga. Ct. App. 1988). · cites it 2× “Further at any stage of the proceeding but before final verdict and judgment, the superior court may order additional service on additional parties identified and named as may be required by equity or justice.”

Bryde Et Al. v. City of Atlanta., 828 S.E.2d 122 (Ga. Ct. App. 2019). · cites it 2× “We are especially persuaded that this result is correct given the following language found in OCGA § 32-3-10 (a) : The proceeding described in this article being in rem, no provision in Code Sections 32-3-8 and 32-3-9 as to service shall be so construed as to invalidate the…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.