Official Code of Georgia Annotated

Title 22. EMINENT DOMAIN · Chapter 2. CONDEMNATION PROCEDURE GENERALLY · Article 3. PROCEEDING BEFORE COURT

22-2-131. Contents of petition.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
The petition referred to in Code Section 22-2-130 shall set forth:#
1. (1)
  The facts showing the right to condemn;#
2. (2)
  The property or interest to be taken or damaged;#
3. (3)
  The names and residences of the persons whose property or interests are to be taken or otherwise affected, so far as known;#
4. (4)
  A description of any unknown persons or classes of unknown persons whose rights in the property or interest are to be affected;#
5. (5)
  Such other facts as are necessary for a full understanding of the cause;#
6. (6)
  A statement setting forth the necessity to condemn the private property and describing the public use for which the condemnor seeks the property; and#
7. (7)
  A prayer for such judgment of condemnation as may be proper and desired.#
(b)
If any of the persons referred to in this Code section are minors or under disability, the fact shall be stated.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1914, p. 92, § 2; Code 1933, § 36-1105; Ga. L. 2006, p. 39, § 14/HB 1313.

Editor's notes

Ga. L. 2006, p. 39, § 1/HB 1313, not codified by the General Assembly, provides that: ‘‘This Act shall be known and may be cited as ‘The Landowner’s Bill of Rights and Private Property Protection Act.’’’ Ga. L. 2006, p. 39, § 25/HB 1313, not codified by the General Assembly, provides that the amendment to this Code section shall only apply to petitions for condemnation filed on or after April 4, 2006.

Law reviews

For article on 2006 amendment of this Code section, see 23 Ga. St. U.L. Rev. 157 (2006).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t22-t23-(v19)-2020-pdf.pdf, Volume V19, 2020 edition, pages 154 to 155; merge action: carried; file SHA-256 b3cf4ff62f2f.

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