---
title: O.C.G.A. § 22-2-24. Direction of notice where owner unknown or where unknown remaindermen possible; right of owner to second assessment upon his appearance; return of surplus award to condemnor.
collection: code
id: 22-2-24
cite_as: O.C.G.A. § 22-2-24 (2025)
canonical_url: https://georgiacommons.org/code/22-2-24
md_url: https://georgiacommons.org/code/22-2-24.md
text_url: https://georgiacommons.org/code/22-2-24/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=63
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
previous: https://georgiacommons.org/code/22-2-23.md
next: https://georgiacommons.org/code/22-2-25.md
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 ASSESSORS / NOTICE OF CONDEMNATION
---

# O.C.G.A. § 22-2-24. Direction of notice where owner unknown or where unknown remaindermen possible; right of owner to second assessment upon his appearance; return of surplus award to condemnor.

If the owner of the property or of any interest therein is unknown or if there is a possibility of unborn remaindermen having an interest, notice shall be served on the person in actual possession of the property or interest and also on the judge of the probate court of the county where the property or interest is located, who shall act for the unknown owner as provided for unrepresented minors in Code Section 22-2-21, provided that, whenever the unknown owner may appear, he may ask for and have another assessment under the terms of this title and he shall receive the amount then assessed. If the second assessment is less than the first, the judge of the probate court shall return the surplus to the person originally condemning.

## History

Ga. L. 1894, p. 95, § 10; Civil Code 1895, § 4666; Civil Code 1910, § 5215; Code 1933, § 36-310.