32-3-6. Declaration of taking; Order of condemnation by condemning authority.

In addition to the petition filed pursuant to Code Section 32-3-4, the petitioner shall also file with the court a declaration of taking signed by:#

1. (1)

   The commissioner or the deputy commissioner of the Department of Transportation if the petitioner is seeking to acquire property or interests on behalf of the department;#

2. (2)

   The county governing authority if the petitioner is seeking to condemn for county road system purposes or any other public transportation purpose; or#

3. (3)

   The municipal governing authority if the petitioner is seeking to condemn for municipal street system purposes or any other public transportation purpose.#

The declaration of taking shall declare that the lands are being taken for the use of the condemnor, subject to the order of the court provided for in Code Section 32-3-12. The declaration shall contain or have annexed thereto:#

1. (1)

   A statement of the authority under which, and the public use for which, such lands are taken;#

2. (2)

   A description of the lands taken sufficient for the identification thereof;#

3. (3)

   A statement of the estate or interest in the lands taken for public use;#

4. (4)

   A plat showing the lands taken;#

5. (5)

   A statement of the sum of money estimated by the condemning authority to be just compensation for the land taken, including consequential damages to land not taken, accompanied by a sworn copy as an exhibit of the appraiser’s statement justifying the sum; and#

6. (6)

   A certified copy of an order by the commissioner if the property or interest is being condemned for the department or by the county or municipality if the property or interest is being condemned for a county or municipality, finding that the circumstances are such that it is necessary to proceed in the particular case under this article, and specifically authorizing condemnation under this article.#

Such an order of the commissioner or governing authority shall be conclusive as to the use of the property or interest condemned and as to the authority of the commissioner or governing authority to condemn under this article.#