Title 32, Chapter 3, Section 8
( 32-3-8)
(a) Upon the filing of the petition and declaration, where the owner
or owners of the property sought to be condemned or any person
having a claim against or interest in the same are residents of this
state, the petition and declaration shall be served upon such
persons personally. In cases where such persons are residents of
this state but not of the county in which such property or interest
is located, such service shall be by second original, as in other
cases. (b) If the owner, or any of the owners, or any person having a claim
against or interest in the property is a minor or under any
disability whatsoever, such notice shall be served: (1) Upon his personal representative; and, if such personal
representative is a nonresident of this state, upon the judge of
the probate court of the county in which the property or interest
is located, who shall appoint a guardian ad litem to represent
such minors or persons under disability in the litigation,
provided that, if the nonresident personal representative
intervenes, he shall serve in lieu of the guardian ad litem; or (2) If there is no personal representative, personally upon the
minor, where such minor is a resident of this state. If such
minor is not a resident of the county where the property or
interest is located, service shall be by second original, as is
provided by law in other cases, and upon the judge of the probate
court of the county where the property or interest is located, who
shall appoint a guardian ad litem to represent the minor in the
litigation. (c) In subsection (b) of this Code section, if the judge of the
probate court is disqualified, for reason of interest or other
cause, notice shall be served upon the clerk of the superior court
of the county, who shall appoint a guardian ad litem to represent
the minor or person under disability. (d) If the property or interest sought to be condemned is held in
trust or if the condemnation is directed toward property in which
remainders have been created, notice shall be served upon the
trustee and also upon such persons as have an interest under the
conveyance and who are of age, provided that, where any of the
persons to be served are not residents of the county, such service
shall be by second original, as in other cases. (e) A copy of the petition and declaration shall be served upon the
tax collecting authority of any county or municipality in which the
property or interest may be located, who shall make known in writing
the taxes due on the property or interest; and the court shall give
such direction as will satisfy the same and discharge the lien
thereon. (f) In all instances, and in addition to the service provided for in
this Code section, the condemnor shall, at the time of filing the
petition and declaration of taking, cause a copy of such proceedings
to be posted on the bulletin board at the courthouse. In addition
thereto, such advertisement shall be published in the official
newspaper of the county in which the property or interest is
located, which notice shall describe the property or interest taken
so as to identify the same and shall give the name or names of the
owner or owners of such property or interest or persons having
claims against such property or interest so far as the same may be
known. Such notice shall be published in such newspaper once each
week for two weeks subsequent to the filing of such petition and
declaration. |