O.C.G.A.
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.
(a) No provision of this article in reference to any rule or order, or time for responding thereto, shall be held or construed to exclude any person by way of default from making known his rights or claims in the
property or interests or in the fund arising therefrom. Any such person claiming an interest or any rights therein may file appropriate pleadings or intervention at any time before verdict and be fully heard thereon. If any person, at any time during the pendency of such proceeding, desires to come in and be heard on any claim to the fund or interest therein, he shall be allowed to do so. (b) After the filing of the declaration of taking and the payment of the fund into the registry of the court as provided for in Code Section 32-3-7, the petitioner shall not be concerned with or affected by any subsequent proceedings except as to the appeal and interlocutory petition provided for in Code Sections 32-3-14 and 32-3-15 respectively and concerning which the sole issue shall be as to the amount of just and adequate compensation.
History
Code 1933, § 95A-613, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1982, p. 3, § 32.
Annotations
JUDICIAL DECISIONS All claimants to one piece of condemned property are to be joined in one action for resolution of all issues by trial. DOT v. McLaughlin, 163 Ga. App. 1, 292 S.E.2d 435 (1982), overruled on other grounds, 264 Ga. 393, 444 S.E.2d 734 (1994). Public possesses ‘‘an interest’’ in public property and, therefore, taxpayers possess the right to intervene in condemnation actions against land owned by the entity to which the taxpayers pay their taxes. DOT v. City of Atlanta, 255 Ga. 124, 337 S.E.2d 327 (1985). Code section inapplicable to named condemnee. - O.C.G.A. § 32-3-17 is inapplicable to the situation of a condemnee named in the petition who files an appeal more than 30 days after being served with
the petition. Bates & Assocs. v. Department of Transp., 186 Ga. App. 828, 368 S.E.2d 544, cert. denied, 186 Ga. App. 917, 368 S.E.2d 544 (1988). Validity of taking not affected by dispute over funds. - Dispute between two condemnees over the ownership of the funds paid into the registry of the court and the manner in which the funds were paid out did not affect the validity of the taking itself. Brown v. Department of Transp., 191 Ga. App. 321, 381 S.E.2d 532, cert. denied, 191 Ga. App. 921, 381 S.E.2d 532 (1989). Cited in Department of Transp. v. Olshan, 237 Ga. 213, 227 S.E.2d 349 (1976); Robinson v. DOT, 185 Ga. App. 597, 364 S.E.2d 884 (1988).
Notes of Decisions
Dep't of Transp. v. City of Atlanta, 337 S.E.2d 327 (Ga. 1985).
· cites it 4× “Under OCGA § 32-3-17, taxpayers possess the right to intervene in condemnation actions against land owned by the entity to *137 which they pay their taxes.”
Robinson v. Dep't of Transp., 364 S.E.2d 884 (Ga. Ct. App. 1988).
· cites it 2× “OCGA § 32-3-17 provides in pertinent part that no provision of the condemnation chapter shall exclude any person by way of default from making known his rights or claims in the property or interests or in the fund arising therefrom.”
Happoldt v. Monroe Cnty., 546 S.E.2d 297 (Ga. Ct. App. 2001).
· cites it 4× “authorize *176 State agencies, counties, or municipalities to bring proceedings in rem in the superior court to condemn land for public transportation purposes upon the payment of just and adequate compensation to those having a compensable interest in the condemned land. The…”
Bates & Assocs., Inc. v. Dep't of Transp., 368 S.E.2d 544 (Ga. Ct. App. 1988).
· cites it 2× “OCGA § 32-3-17, on which appellant chiefly relies in its assignments of error, is inapplicable to appellant’s situation in that that section makes provision for parties whose claims were unknown at the time the petition was filed and who were not named therein, Dept.”
Brown v. Dep't of Transp., 381 S.E.2d 532 (Ga. Ct. App. 1989).
· cites it 2× “OCGA § 32-3-17 (b) specifies: “After the filing of the declaration of taking and the payment of the fund into the registry of the court as provided for in Code Section 32-3-7, the petitioner shall not be concerned with or affected by any subsequent proceedings except as to the…”
Dep't of Transp. v. Defoor, 325 S.E.2d 863 (Ga. Ct. App. 1984).
· cites it 2× “As a matter of fact, DOT even on appeal repeatedly points out that just and adequate compensation to the landowners is the ultimate goal here: “The Code of Public Transportation was originally enacted in 1973, both in order to streamline the acquisition procedures of State…”
Edgewater Hall Enter., LLC v. City of Canton (Ga. Ct. App. 2022).
· cites it 3× “Additionally, OCGA § 32-3-17 (a) provides in relevant part that “[a]ny such person claiming an interest or any rights therein may file appropriate pleadings or intervention at any time before verdict and be fully heard thereon.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.