Title 32, Chapter 3, Section 4
( 32-3-4)
(a) Whenever any state agency, county, or municipality desires to
take or damage private property, including scenic easements, air
rights, rights of access, and other interests in land for public
road purposes or for any other public transportation purposes and
shall find or believe, concerning which the decision of the
condemning authority shall be final and conclusive, that the title
of the apparent or presumptive owner of such property is defective,
doubtful, incomplete, or in controversy, or that there are or may be
unknown persons or nonresidents who have or may have some claim or
demand thereon or some actual or contingent interest or estate
therein, or that there are minors or persons under disability who
are or may be interested therein, or that there are taxes due or
that should be paid thereon, or shall for any reason conclude that
it is desirable to have a judicial ascertainment of any question
connected with the matter, such state agency, county, or
municipality, through any authorized representative, may file a
proceeding in rem in the superior court of the county having
jurisdiction condemning the property or interests to the use of the
petitioner upon payment of just and adequate compensation therefor
to the person or persons entitled to such payment. (b) When the acquisition of public property or an interest therein is necessary for public road purposes, including limited-access roads provided for by Article 4 of Chapter 6 of this title, the department may acquire such public property or interest therein by condemnation and the power of eminent domain when such acquisition is approved by the State Commission on the Condemnation of Public Property as provided in Code Section 50-16-183. The procedures for the condemnation of property provided for in this Code section and Code Sections 32-3-5 through 32-3-19 of this article and the procedures provided for the condemnation of property in Article 3 of Chapter 2 of Title 22 and the procedures provided for the condemnation of property in Article 2 of Chapter 2 of Title 22 when the property sought is a public cemetery shall apply to the condemnation of public property or an interest therein by the department. As used in this subsection, the term "public property" has the meaning provided for in Code Section 50-16-180. |