O.C.G.A.

O.C.G.A. § 32-3-9 (2019)

Service of nonresidents in condemnation proceedings

✓ 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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(a) If a nonresident of this state owns the property condemned or any interest therein, whether such interest is as the owner of the fee or some lesser interest, or any easement, or as a guardian for a minor or a person non compos mentis, or as a trustee, or growing out of similar facts, such nonresident, in the event that his or her address is known, shall be served with a true and correct copy of the petition and declaration, together with any orders of the court thereon. It shall be the duty of the clerk of the superior court for the county wherein such condemnation proceeding is pending to enclose a copy of the petition and declaration in an envelope, properly addressed to the nonresident at his or her last known address, and to deposit the same in the United States mail, properly registered or certified and with a return receipt requested, or deliver the same by statutory overnight delivery; and the clerk shall make a return service, showing these facts, upon the original petition and declaration in such matter for which he or she shall be paid the fee he or she receives for like service for each service made, the same to be taxed against the costs in the case. Such certificate of service shall be final and conclusive as to service of the petition upon the nonresident and shall become a part of the record in the matter. (b) Where the address of the nonresident is unknown, whether such nonresident is the owner of the property, a minor, or the trustee or guardian of such minor or has any other lawful interest in the property, the method of advertising the condemnation of the particular property, as provided for in subsection (c) of Code Section 32-3-5, shall be sufficient service upon such nonresidents and shall be final and conclusive; provided, however, that, in that event, it shall be the duty of the condemnor, in filing the petition for condemnation, to certify that the address of such person or persons is unknown to the condemnor; provided, further, that it shall be the duty of the sheriff of the county wherein the condemnation is pending to inquire into the truth of such allegation and to enter a certificate upon the condemnation proceeding, within three days from the filing of the same, verifying the truth of the allegation. This certificate, together with the method of advertising of such condemnation proceedings provided for in the laws and statutes described above, shall be final and conclusive as to lawful service of the petition for condemnation upon the nonresident. For each such certificate, the sheriff shall receive the fee the sheriff receives for like service for each such certificate, the same to be taxed as other costs in the case.

History

Code 1933, § 95A-606, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1998, p. 1539, § 11; Ga. L. 2000, p. 1589, § 7.

Annotations

Editor’s notes. - Ga. L. 2000, p. 1589, § 16, not codified by the General Assem-

bly, provided that the 2000 amendment was applicable to notices delivered on or after July 1, 2000. Law reviews. - For review of 1998 legislation relating to eminent domain, see 15 Ga. St. U. L. Rev. 115 (1998).

JUDICIAL DECISIONS Statutory construction. - Ga. L. 1973, p. 947, § 1 requires that the petition and declaration shall be served personally, but personal service as defined in Ga. L. 1972, p. 689, §§ 1-3 (see now O.C.G.A. § 9-11-4) is not in conflict with this requirement. DOT v. Ridley, 244 Ga. 49, 257 S.E.2d 511 (1979). Condemnee’s right to proper service remains until waived. - Condemnees have a perfect right to waive service and come on 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 O.C.G.A. § 32-3-8, 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).

Notes of Decisions

Cited in 3 cases, 2003–2020 · leading case: Bryde Et Al. v. City of Atlanta., 828 S.E.2d 122 (Ga. Ct. App. 2019).

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Bryde Et Al. v. City of Atlanta., 828 S.E.2d 122 (Ga. Ct. App. 2019). · cites it 2× “1 OCGA § 32-3-9 applies to service upon non-residents.”

Whigham v. City of Atlanta, 586 S.E.2d 412 (Ga. Ct. App. 2003). · cites it 2× “The clerk’s citation informed Whigham of her right of appeal “not later than thirty (30) days following the date of service as provided for in OCGA § 32-3-9 through 32-3-20.” This personal service satisfied the specific procedure authorized under the Statute and was sufficient.”

Dep't of Transp. v. Lajos Szenczi (Ga. Ct. App. 2020). · cites it 2× “”6 And “[t]his Court has previously held that granting extensions of time as permitted under certain circumstances by the [Civil Practice Act] does not apply to periods of time which are definitely fixed by other statutes.”

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.