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2018 Georgia Code 32-3-17 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 32-3-17 Case Law from Google Scholar Amendments to OCGA 32-3-17

TITLE 32 HIGHWAYS, BRIDGES, AND FERRIES

Section 3. Acquisition of Property for Transportation Purposes, 32-3-1 through 32-3-39.

ARTICLE 1 GENERAL PROVISIONS

32-3-17. Right to intervene in proceedings; effect of subsequent proceedings on rights of condemnor.

  1. 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.
  2. 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.

(Code 1933, § 95A-613, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1982, p. 3, § 32.)

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).

Cases Citing Georgia Code 32-3-17 From Courtlistener.com

Total Results: 1

Department of Transportation v. City of Atlanta

Court: Supreme Court of Georgia | Date Filed: 1985-10-08

Citation: 337 S.E.2d 327, 255 Ga. 124, 1985 Ga. LEXIS 1002

Snippet: initial injunction in this case. 7. Under OCGA § 32-3-17, taxpayers possess the right to intervene in condemnation