Details for 2017-CV-00046-

CITATION IN THE SUPERIOR COURT OF CLAYTON COUNTY GEORGIA DEPARTMENT OF TRANSPORTATION DOCKET NO. 2017-CV-00046-5 VS. IN REM: CONDEMNDATION 0.006 acres of land; and Loc Bao Tran; Trust u/Item VI, W/O Ivan L. Rogers; and Tax Commissioner of Clayton County, individually The said named persons and any and all other persons known and unknown claiming any right, title, power, interest, ownership, equity, claim or demand in and to the lands hereinafter described, and all occupants, tenants, lessees, licensees and all holders, owners and users of ways and easements in, across, over and under said land are hereby notified, under the provisions of the Official Code of Georgia Annotated Sections 32-3-4 through 32-3-19, providing for the exercise of the power of eminent domain by the State of Georgia, or any of its subdivisions, or by any county of such State, as follows: That the above stated case, being a condemnation in rem against the property hereinafter described, was filed in said Court on the 4th day of January, 2017; That, in accordance with provisions of the aforesaid Official Code, a Declaration of Taking, duly authorized and properly executed as provided by the Official Code, has been made and filed in said case, declaring the necessity for and exercising the power of taking the said described lands for State-aid public road purposes, thereby vesting the title to same in the Department of Transportation; and, in pursuance of Parcel No. 6 such authority the Department of Transportation has deposited with the Clerk of the Superior Court of said County $690.00 as the just compensation for the said lands described; and all persons claiming such fund or any interest therein, are hereby required to make known their claims to the Court; In accordance with the provisions of the Official Code of Georgia Annotated, the Plaintiff-Condemnor has prayed the Court for Immediate possession of said property, and all persons having any interest in or claim against such property, as above set forth, are required by the Order of the Judge of said Court to surrender possession of the property to the Department of Transportation no later than 30 days from filing of the Declaration of Taking. That in accordance with the Official Code of Georgia Annotated Section 32-3-13 through 32-3-19, if the owner, or any of the owners, or any person having a claim against or interest in said property, shall be dissatisfied with the compensation, as estimated in the Declaration of Taking and deposited in Court, such person or persons, or any of them, shall have the right, at any time subsequent to the filing of the Declaration and the deposit of the fund into Court but not later than 30 days following the date of service as provided for in the Official Code of Georgia Annotated Sections 32-3-8 through 32-3-10 to file with the Court a notice of appeal, the same to be in writing and made a part of the record in the proceedings. The said property, as thus affected, is described as follows: All that tract or parcel of land lying and being in Land Lot 21 of the 13th Land District of Clayton County, Georgia, being more particularly described as follows: BEGINNING at a point on the existing northeastern right of way line of US 19/US 41/State Route 3/Old Dixie Road, said point being 60.27 feet right of and opposite station 176+21.42 on the construction centerline of US 19/US 41/State Route 3/Old Dixie Road on Georgia Highway Project P.I. 0012670; running thence N 52 13' 56.1" E a distance of 8.00 feet to a point 68.27 feet right of and opposite station 176+21.56 on said centerline; thence S 37 46' 03.2" E a distance of 34.19 feet to a point 68.42 feet right of and opposite station 175+85.76 on said centerline, said point also being a point on said existing northeastern right of way line of US 19/US 41/State Route 3/Old Dixie Road; thence southwesterly along said existing right of way line a distance of 8.01 feet to a point 60.42 feet right of and opposite station 175+85.49 on said centerline; thence continuing northwesterly along said existing northeastern right of way line a distance of 34.51 feet back to the point of BEGINNING. Said described land being the required right of way and is shown colored yellow on the attached plats marked Annex 1-A. The title, estate, or interest in the above described land, required by condemnor and now taken by condemnor for public use is as follows: Fee simple title to the above described land as shown colored yellow on the plats dated the 9th day of October, 2015; and attached to Appendix "A" to Exhibit "A" as Annex 1-A. This 4th day of January, 2017. /s/ Maranda Little Deputy Clerk, Superior Court Clayton County, Georgia Parcel No. 6 906-468971, 2/8,15

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