O.C.G.A.

O.C.G.A. § 32-3-2 (2019)

Acquisition procedure generally; recording order and judgment or instrument of conveyance; filing order and judgment or instrument in records of department

✓ 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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All acquisition of property or interests for public road and other transportation purposes shall proceed under the methods set out in this article and in Title 22. Any instrument which conveys such property or interest to or any order and judgment which vests such property or interest in a state agency, county, or municipality shall be recorded in the name of the agency, county, or municipality in each county wherein the property or interest may lie, notwithstanding Code Section 50-16-3. In the case of property or interests acquired by the department, the instrument or order and judgment shall also be kept in the records of the department. Article 1 of Chapter 6 of Title 48 shall not apply to property or interests acquired under the authority of this article.

History

Code 1933, § 95A-602, enacted by Ga. L. 1973, p. 947, § 1.

Annotations

Law reviews. - For comment on

Southern Ry. v. State Hwy. Dep’t, 219 Ga. 435, 134 S.E.2d 12 (1963), see 1 Ga. St. B. J. 242 (1964).

JUDICIAL DECISIONS Cited in Citizens Coalition for Planned Growth, Inc. v. Glynn County, 249 Ga. 664, 292 S.E.2d 847 (1982); DOT v. City of

Atlanta, 255 Ga. 124, 337 S.E.2d 327 (1985).

RESEARCH REFERENCES ALR. - Power of eminent domain as between state and subdivision or agency thereof, or as between different subdivi-

sions or agencies themselves, 35 A.L.R.3d 1293.

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1985–2024 · leading case: Dep't of Transp. v. City of Atlanta, 337 S.E.2d 327 (Ga. 1985).
Dep't of Transp. v. City of Atlanta, 337 S.E.2d 327 (Ga. 1985). · cites it 8× “" OCGA § 32-3-2 then states, "All acquisition of property or interests for public road purposes shall proceed under the methods set out in this article and in Title 22.”
Dep't of Transp. v. Mixon, 864 S.E.2d 67 (Ga. 2021). · cites it 4× “”); OCGA § 32-3-2 (“All acquisition of property or interests for public road and other transportation purposes shall proceed under the methods set out in this article and in Title 16 Notwithstanding these changes, it is fair to say that the default constitutional requirement…”
City of Marietta v. Summerour, 807 S.E.2d 324 (Ga. 2017). · cites it 2× “124, 132 (3) (b) ( 337 SE2d 327 ) (1985) (“[WJhile the procedure for condemnation under OCGA § 32-3-2 et seq. does not violate due process, the statute must be strictly conformed to by the condemning body.”
City of Atlanta v. Yusen Air & Sea Serv. Holdings, Inc., 587 S.E.2d 230 (Ga. Ct. App. 2003). · cites it 2× “4 See OCGA §§ 32-3-2 (“All acquisition of property or interests for public road and other transportation purposes shall proceed under the methods set out in this article and in Title 22.”
Jotin Realty Co. v. Dep't of Transp., 331 S.E.2d 605 (Ga. Ct. App. 1985). · cites it 2× “Weiner, Assistant Attorneys General, for appellee. Judgment reversed.”
Dep't of Transp. v. Star Land Holdings, LLC (Ga. Ct. App. 2024). · cites it 2× “We first observe that the department concedes that OCGA § 22-1-9 applies to condemnations under Title 32, such as the condemnation here.”
City of Marietta v. Summerour (Ga. 2017). · cites it 2× “124, 132 (3) (b) ( 337 SE2d 327 ) (1985) (“[W]hile the procedure for condemnation under OCGA § 32-3-2 et seq. does not violate due process, the statute must be strictly conformed to by the condemning body.”
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.