State Highway Department v. Kirchmyer

Hall, Judge.

The State Highway Department appeals from a judgment of the trial court denying its motion to dismiss the notice of appeal of the condemnee in a condemnation proceeding and for a judgment on the pleadings. See a former appeal in State Hwy. Dept. v. Kirchmyer, 114 Ga. App. 433 (152 SE2d 17).

The statute authorizing proceedings in rem for the condemnation of property for state-aid public road purposes by petition and declaration of taking and depositing into the court the amount of estimated compensation (Ga. L. 1961, p. 517, as amended; Code Ann. § 36-1303), required that the…