Title 32, Chapter 3, Section 11
(a) Upon proper pleadings and evidence, under the applicable rules of law, the judge of the superior court shall have the authority to set aside, vacate, and annul the declaration of taking, together with any title acquired thereby, in the same way and manner and for the same reasons as are provided by Code Sections 23-2-60 and 9-11-60. The power of the court in this respect shall not be construed as extending to a determination of questions of necessity, but there shall be a prima-facie presumption that the property or interest condemned is taken for and is necessary to the public use provided for in this article.
(b) The power of the court as described in subsection (a) of this
Code section shall be restricted to the following questions:
(1) Fraud or bad faith, as contemplated by Code Sections 23-2-60 and 9-11-60;
(2) The improper use of the powers of this article, such as are
not contemplated by this article;
(3) The abuse or misuse of the powers of this article; and
(4) Such other questions as may properly be raised, including the
question of whether or not this article has been invoked in some
respect beyond the privileges conferred by this article or by an
unauthorized agency, county, or municipality.
(c) If the condemnee desires to raise such questions as are outlined
in subsection (b) of this Code section, the same shall be done by
proper pleadings, in the form of a petition addressed to the judge
of the superior court having jurisdiction thereof, filed in the same
proceedings not later than 30 days subsequent to the date of service
upon the condemnee of the declaration of taking. The presiding
judge shall thereupon cause a rule nisi to be issued and served upon
the condemnor, requiring him to show cause at a time and place
designated by the judge why the title acquired by the declaration of
taking should not be vacated and set aside in the same way and
manner as is now provided for setting aside deeds acquired by fraud.
Such hearing shall be had not earlier than 15 days from the time of
service of the rule nisi upon the condemnor, nor later than 60 days
from the date of filing of the declaration of taking, and with the
right of appeal by either party, as in other cases.