Landowner Notice of Rights
House Bill 1313 was signed into law in April of 2006. This Bill changed many of the eminent domain provisions in Title 22 of the Georgia Code. One of these changes is that when a state or local government, or a nongovernmental entity with condemnation authority, is considering the acquisition of property by exercising the power of eminent domain, the condemning entity must notify the land owner in writing, prior to formerly authorizing the filing of a petition of condemnation.
This pre-condemnation notice must be accompanied by a Notice of Land Owner Rights, which, at minimum, must explain a land owner’s right to notice, damages, hearings, appeals, and the right to bring a motion (asking the court to determine if the proposed project is for a public use and whether the petitioner has the legal authority to condemn property). A sample motion must be attached to the Land Owner Notice of Rights (click HERE to download the required sample motion).
To facilitate this requirement, House Bill 1313 required the Department of Community Affairs (DCA) to promulgate the Land Owner Notice of Rights. More specifically, the Bill required a separate Notice for each type of condemnation authorized in state law. There are three such specific methods of condemnation. However, because the pre-condemnation requirements applicable to governmental entities are slightly different than those applicable to non-governmental entities, it was necessary to develop separate Notices for each type of entity.
Please note that these Notices could require amendments from time to time (technical clarifications, changes in eminent domain laws, etc.). Therefore, to ensure that the most current Notice is used, it is important to return to this webpage whenever a pre-condemnation notice is contemplated.
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