---
title: O.C.G.A. § 22-2-132. Order to appear; directions for notice and service thereof; attachment of process to petition; cause to proceed as in rem.
collection: code
id: 22-2-132
cite_as: O.C.G.A. § 22-2-132 (2025)
canonical_url: https://georgiacommons.org/code/22-2-132
md_url: https://georgiacommons.org/code/22-2-132.md
text_url: https://georgiacommons.org/code/22-2-132/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t22-t23-(v19)-2020-pdf.pdf?sfvrsn=a1dfc71e_0#page=155
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/22-2.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: EMINENT DOMAIN / CONDEMNATION PROCEDURE GENERALLY / PROCEEDING BEFORE COURT
---

# O.C.G.A. § 22-2-132. Order to appear; directions for notice and service thereof; attachment of process to petition; cause to proceed as in rem.

(a) Upon presentation of the petition, the presiding judge shall issue an order requiring the condemnor, the owner of the property or of any interest therein, and the representative of any owner to appear at a time and place named in the order and make known their objections if any, rights, or claims as to the value of the property or of their interest therein, and any other matters material to their respective rights; provided, however, that if the petition includes affidavits from known and located persons with a legal claim, stating that such condemnees do not oppose the condemnation, no hearing pursuant to this Code section shall be required.

(b) The day named in the order shall be as early as may be convenient but shall be no less than 20 days from the date of the petition, due regard being given to the necessities of notice.

(c) The order shall give appropriate directions for notice and the service thereof.

(d) It shall not be necessary to attach any other process to the petition except the order referred to in subsection (a) of this Code section, and the cause shall proceed as in rem.

## History

Ga. L. 1914, p. 92, § 3; Code 1933, § 36-1106; Ga. L. 2006, p. 39, § 15/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).