Department of Transportation v. Rudeseal

Banke, Judge.

This is the second appearance of these two condemnation cases before this court. The department initiated each case by filing a declaration of taking pursuant to Code Ann. §§ 95A-605 et seq., and the condemnees responded by filing notices of appeal to the superior court on the issue of compensation. The department moved to dismiss both appeals on the ground that the notices had not been timely filed pursuant to Code Ann. § 95A-610. The trial court denied the motions on the basis of a determination that the condemnees had 30 days from the date of the last advertisement in which to…