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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 32. HIGHWAYS, BRIDGES, AND FERRIES |
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Chapter 3. ACQUISITION OF PROPERTY FOR TRANSPORTATION PURPOSES |
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Article 1. GENERAL PROVISIONS |
| § 32-3-1. Authority to acquire property for present or future public road or other transportation purposes |
| § 32-3-2. Acquisition procedure generally; recording order and judgment or instrument of conveyance; filing order and judgment or instrument in records of department |
| § 32-3-3. Acquisition of property by devise, exchange, prescription, or dedication; acquisition by county or municipality on behalf of department |
| § 32-3-4. Authority to bring condemnation proceedings |
| § 32-3-5. Contents of condemnation petition; notice |
| § 32-3-6. Filing declaration of taking; contents of and attachments to declaration; conclusive nature of order of condemnation by condemning authority |
| § 32-3-7. Deposit of estimated compensation; vesting of title in condemning authority; protection of due process rights |
| § 32-3-8. Service of process in condemnation proceedings generally |
| § 32-3-9. Service of nonresidents in condemnation proceedings |
| § 32-3-10. Substantial compliance with Code Sections 32-3-8 and 32-3-9 |
| § 32-3-11. Power of judge to set aside, vacate, and annul declaration of taking; issuance and service on condemnor of rule nisi; hearing |
| § 32-3-12. Orders of court for payment of award in condemnation proceedings, for surrender of property, and as to other charges |
| § 32-3-13. Self-executing nature of declaration of taking; court costs; entry of judgment; transfer of case to closed docket; effect of Code section on condemnor's title |
| § 32-3-14. Filing notice of appeal |
| § 32-3-15. Interlocutory hearing on amount of compensation |
| § 32-3-16. Appeal to jury; evidence to be heard on appeal; subsequent review of issues not brought before jury |
| § 32-3-17. Right to intervene in proceedings; effect of subsequent proceedings on rights of condemnor |
| § 32-3-17.1. Decisions upon questions of law; power of judge to give necessary orders and directions; jury trial in open court only |
| § 32-3-18. Prevention or delay of vesting of title in condemnor |
| § 32-3-19. Jury verdict; entry of judgment; interest on award; commissions and poundage; transfer of case to closed docket; effect of Code section on condemnor's title |
| § 32-3-20. Effect of article on other methods of condemnation |
REFS & ANNOS
TITLE 32 Chapter 3 Article 1 NOTE
JUDICIAL DECISIONS
PROCEDURE FOR TAKING PROPERTY COMPORTS WITH DUE PROCESS. --Procedure for taking property under O.C.G.A. Art. 1, Ch. 3, T. 32 does not offend the due process guarantees of either the state or federal constitutions; however, to ensure due process to the property owner, the statute must be strictly conformed to by the condemning body. Dorsey v. DOT, 248 Ga. 34, 279 S.E.2d 707 (1981).
NOTICE PLEADING DOES NOT APPLY TO CONDEMNATION PROCEEDINGS. --General notion of notice pleading under O.C.G.A. Ch. 11, T. 9 does not apply to condemnation proceedings. Dorsey v. DOT, 248 Ga. 34, 279 S.E.2d 707 (1981).
PROCEDURE FOR TAKING PROPERTY COMPORTS WITH DUE PROCESS. --Procedure for taking property under O.C.G.A. Art. 1, Ch. 3, T. 32 does not offend the due process guarantees of either the state or federal constitutions; however, to ensure due process to the property owner, the statute must be strictly conformed to by the condemning body. Dorsey v. DOT, 248 Ga. 34, 279 S.E.2d 707 (1981).
NOTICE PLEADING DOES NOT APPLY TO CONDEMNATION PROCEEDINGS. --General notion of notice pleading under O.C.G.A. Ch. 11, T. 9 does not apply to condemnation proceedings. Dorsey v. DOT, 248 Ga. 34, 279 S.E.2d 707 (1981).