Emery v. Chattooga County

MCMILLIAN, Judge.

Appellant Gerald W. Emery appeals following the denial of his petition to set aside a declaration of taking filed by Chattooga County, Georgia (“County”). As more fully set forth below, we now affirm.

The record shows that the property that is the subject of the taking (the “Property”) is a 60-foot ingress and egress easement across an unpaved road that runs through Emery’s property and provides access to approximately 20 residents living along Hairs Lake Road. Pursuant to OCGA § 32-3-1, the County filed a declaration of taking to acquire Emery’s interest in the easement after…