Title 44, Chapter 9, Section 41
( 44-9-41)
The petition shall describe the easement of private way sought to be
condemned over the lands of another and shall state the distance and
direction of the private way and the nature of any improvements
through which the private way will go. There shall be attached to
the petition or incorporated therein a plat showing the measurements
and location of the private way. The petition shall state the names
and addresses of all persons owning an interest in the property, if
known, and shall be served in the following manner: (1) Where the owner or owners of the property over which the
private way is sought are known and reside in the county in which
the land is located, the sheriff of the county shall serve each of
the persons with a copy of the petition and any orders of the
court thereon; and the sheriff shall make a return of the service; (2) Where the owners of the property are known but reside in
another county of this state, they may be served (A) either by the
sheriff of the county in which the property is located or by the
sheriff of the county of the residence of the owner or owners,
such sheriff to make a return of the service, or (B) by the person
or corporation seeking to condemn the private way or an agent
thereof, in which event the return of service duly filed as a part
of the record shall be prima-facie evidence as to the service so
made and if not traversed shall be conclusive as to the service; (3) Where the owner or owners of the property are known but reside
outside of this state, the petition shall set forth the addresses
of such nonresident owners, in which event it shall be the duty of
the clerk of the superior court to cause a true and correct copy
of the petition to be served upon the nonresident owner or owners.
The clerk shall make and enter upon the original petition or
attach thereto his certificate which certifies that he has served
the owner or owners by mailing a copy of the petition by certified
mail or statutory overnight delivery to the address given in the
petition; and the clerk shall be allowed a fee of $2.00 for each
entry of service to be taxed against the costs in the case; (4) In the event any of the owners are minors or persons non compos mentis, the petition shall so state, in which case the petition shall be served on each minor defendant and each non compos mentis defendant in the same manner as provided by paragraph (3) of subsection (e) of Code Section 9-11-4; and (5) In all cases, the matter shall be advertised once a week for
four consecutive weeks in the county newspaper which carries the
sheriff's advertisements. The advertisement shall describe the
easement to be condemned as set forth in the petition and the
owner or owners of the property so far as the same are known.
Where this Code section has been complied with so far as possible,
the advertisement shall be final and conclusive service upon all
persons who are unknown or upon persons who are known but whose
addresses and places of residence are unknown; and, in such event,
the certificate of the sheriff of the county in which the land is
located that such persons do not reside within said county, that
he has made diligent inquiry as to their addresses, and that the
same are unknown, which certificate is duly filed with the clerk,
shall be prima-facie evidence of the fact so certified and unless
traversed by a party at interest shall be conclusive. For each
certificate the sheriff shall charge the same fee as is provided
by law for the service of the petition upon residents of the
county. |