Title 44, Chapter 2, Section 193
( 44-2-193)
(a) Any person entitled to notice who had no actual notice of any
registration under this article depriving him of any estate or
interest in land and who is without remedy under this article may,
within two years after accrual to him or to some person through whom
he claims the right to bring such action, bring an action against
the director of the Office of Treasury and Fiscal Services in the
superior court in the county where such land is located for the
recovery out of the assurance fund of any damages to which he may be
entitled by reason of any such deprivation. The director shall be
served by the second original of proceedings so filed, which service
shall be sufficient. (b) The assurance fund shall be defended in such action and in any appeal by the Attorney General. The measure of damages shall be the value of the property at the time the right to bring the action first accrued; and any judgment rendered therefor shall be paid as provided in Code Section 44-2-195. (c) If any person entitled to bring such action shall be under the
disability of infancy, insanity, imprisonment, or absence from the
state in the service of the state or of the United States at the
time the right to bring such action first accrued, the action may be
brought by him or his privies within two years after the removal of
such disability. (d) Notwithstanding subsection (a) of this Code section, all
nonresidents of the state and all persons who are described in the
proceedings as being unknown, or of unknown address, or as to whom
it appears from the record that they could not be found so as to be
served shall be considered as having had actual notice when notice
has been published in accordance with this article. |