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2006 Georgia Code - 32-3-9
32-3-9. (a) If a nonresident of this state owns the
property condemned or any interest therein, whether such interest
is as the owner of the fee or some lesser interest, or any
easement, or as a guardian for a minor or a person non compos
mentis, or as a trustee, or growing out of similar facts, such
nonresident, in the event that his or her address is known, shall
be served with a true and correct copy of the petition and
declaration, together with any orders of the court thereon. It
shall be the duty of the clerk of the superior court for the county
wherein such condemnation proceeding is pending to enclose a copy
of the petition and declaration in an envelope, properly addressed
to the nonresident at his or her last known address, and to deposit
the same in the United States mail, properly registered or
certified and with a return receipt requested, or deliver the same
by statutory overnight delivery; and the clerk shall make a return
service, showing these facts, upon the original petition and
declaration in such matter for which he or she shall be paid the
fee he or she receives for like service for each service made, the
same to be taxed against the costs in the case. Such certificate of
service shall be final and conclusive as to service of the petition
upon the nonresident and shall become a part of the record in the
matter. (b) Where the address
of the nonresident is unknown, whether such nonresident is the
owner of the property, a minor, or the trustee or guardian of such
minor or has any other lawful interest in the property, the method
of advertising the condemnation of the particular property, as
provided for in subsection (c) of Code Section 32-3-5, shall be
sufficient service upon such nonresidents and shall be final and
conclusive; provided, however, that, in that event, it shall be the
duty of the condemnor, in filing the petition for condemnation, to
certify that the address of such person or persons is unknown to
the condemnor; provided, further, that it shall be the duty of the
sheriff of the county wherein the condemnation is pending to
inquire into the truth of such allegation and to enter a
certificate upon the condemnation proceeding, within three days
from the filing of the same, verifying the truth of the allegation.
This certificate, together with the method of advertising of such
condemnation proceedings provided for in the laws and statutes
described above, shall be final and conclusive as to lawful service
of the petition for condemnation upon the nonresident. For each
such certificate, the sheriff shall receive the fee the sheriff
receives for like service for each such certificate, the same to be
taxed as other costs in the case.
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