§ 22-2-102.2. Contents of Petition

The petition referred to in Code Section 22-2-102.1 shall set forth:

1. The facts showing the right to condemn;
2. The property or interest to be taken or damaged;
3. The names and residences of the persons whose property or interests are to be taken or otherwise affected, so far as known;
4. A description of any unknown persons or classes of unknown persons whose rights in the property or interest are to be affected;
5. A statement setting forth the necessity to condemn the private property and describing the public use for which the condemnor seeks the property; and
6. Such other facts as are necessary for a full understanding of the cause.

History. Ga. L. 1957, p. 387, § 4; Code 1981, § 22-2-102.2 , enacted by Ga. L. 1983, p. 3, § 16.1; Ga. L. 2006, p. 39, § 10/HB 1313.

Editor’s notes.

The provisions of this Code section were previously enacted in substantially similar form by Ga. L. 1957, p. 387, § 4. However, those provisions were not enacted as part of the original Code by the Code enactment Act (Ga. L. 1981, Ex. Sess., p. 8).

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).

For survey article on real property law, see 59 Mercer L. Rev. 371 (2007).

For survey article on zoning and land use law, see 59 Mercer L. Rev. 493 (2007).