Department of Transportation v. Massengale

Quillian, Presiding Judge.

On September 9, 1975, the Department of Transportation filed a condemnation proceeding pursuant to Code Ann. Ch. 95A-6 (Ga. L. 1973, pp. 947 — 1006 et seq.) against .004 acres of land, Sallie Mae Massengale, and Robert Mays. Massengale was the fee simple owner of the property and Mays had a potential leasehold interest therein. As per Code Ann. § 95A-606 (Ga. L. 1973, pp. 947, 1011), the petition and declaration of taking were personally served upon Massengale and Mays on September 11, 1975. Mays filed an appeal to the Clayton Superior Court on October 20, 1975.

On…